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SIMPSON v. WELCH

Nos. 89-1468, 89-1508.

900 F.2d 33 (1990)

Helen L. SIMPSON, Plaintiff-Appellant, v. Nancy WELCH, M.D., Health Director, Chesapeake Department of Health; Dale Hunsaker, M.D., Former Acting Health Director, Chesapeake Department of Health, Defendants-Appellees, and City of Chesapeake, Defendant. (Two Cases)

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1990.

Attorney(s) appearing for the Case

James Ferbee Gay, Norfolk, Va., for plaintiff-appellant.

Carol Smith Nance, Asst. Atty. Gen., Richmond, Va. (Mary Sue Terry, Atty. Gen., John A. Rupp, Sr. Asst. Atty. Gen., Alma F. Jackson, Asst. Atty. Gen., Richmond, Va., Ronald S. Hallman, City Atty., John E. Oliver, Deputy City Atty., Chesapeake, Va., on brief), for defendants-appellees.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and RUSSELL and WILKINS, Circuit Judges.

PER CURIAM:

The questions presented are whether the district court properly dismissed plaintiff's complaint and whether the court properly awarded sanctions pursuant to Rule 11 of the Federal Rules of Civil Procedure. We hold that the dismissal was proper, but that Rule 11 does not provide authority for the sanctions imposed in this case.

I

Appellant is a black employee at the Chesapeake Health Department in Chesapeake, Virginia. After receiving...

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