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STEVENS v. LAWYERS MUT. LIAB. INS. CO. OF N.C.

Nos. 85-1956, 85-2003.

789 F.2d 1056 (1986)

John Finton STEVENS, Appellant, v. LAWYERS MUTUAL LIABILITY INSURANCE COMPANY OF NORTH CAROLINA, Appellee. North Carolina Civil Liberties Union Legal Foundation, Amicus Curiae. (Two Cases)

United States Court of Appeals, Fourth Circuit.

Decided May 1, 1986.

Attorney(s) appearing for the Case

Barry Nakell, Chapel Hill, N.C. (Law Offices of John H. Bisbee, Macomb, Ill., on brief), for appellant.

Walter E. Brock, Jr. (Jerry S. Alvis, Young, Moore, Henderson & Alvis, P.A., Raleigh, N.C., on brief), for appellee.

(Norman B. Smith, Greensboro, N.C., Adam Stein, Raleigh, N.C., Daniel H. Pollott, University of North Carolina School of Law, on brief), for amicus curiae.

Before WINTER, Chief Judge, HALL, Circuit Judge, and HOUCK, United States District Judge for the District of South Carolina, sitting by designation.

K.K. HALL, Circuit Judge:

John Finton Stevens appeals from orders of the district court (1) dismissing his declaratory judgment action against Lawyers Mutual Liability Insurance Company of North Carolina ("Lawyers Mutual"); (2) imposing sanctions against his counsel pursuant to Fed.R.Civ.P. 11 for pursuing frivolous litigation; and (3) refusing to impose sanctions against Lawyers Mutual. We affirm the dismissal of plaintiff's declaratory judgment action on the ground...

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