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IN RE STAUFFER SEEDS, INC.

No. 86-5305.

817 F.2d 47 (1987)

In re STAUFFER SEEDS, INC., etc., et al., Debtor: Stauffer Seeds, Inc., a Minnesota corporation, f/k/a RBA, Inc., a/f/k/a Rauenhorst, Bellows & Associates, Inc. Steven Bruce BOOKER, an Underwriter at Lloyd's, London, for himself and those other Underwriters at Lloyd's, London, subscribing to certificates 25R 23408, 25R 23409, 25R 23410, Appellants, v. STAUFFER SEEDS, INC., Garner Schmidt, Herman Fridgen, Jr.; Lawrence Wilts, Jr.; Rodger Brandt; Arlo Andrews; Walter Brandt; Leonard Westrum; Marcellus Dietz; Orval Rinke; Roger Schmidt; William Grimes; Conroy Farms; Willie Rinke; Fuhrman Bros.; Robert Ringger; Gene Brosheim; Don Forcier; Dennis Gronebreg; Merton Johnson; Tom Monson; Thiel Bros.; Roger Frisch; Dale Johnson; Eldren Lichtsinn; Rich Mathias; James Conroy; Melvin Brunkow & Sons; Lawrence Armbruster; Gerald Frisch; Ed & Darrell Moerer; Donald Fuhrman; Martin Fuhrman; Gene Stueve; Gary Timm; Orville Brunkow; Tom Conroy; Stan Zych; Brandt Farms, Inc.; Joe Stueve; Austin Culp; Walter Wulff, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 22, 1987.

Attorney(s) appearing for the Case

Frank J. Walz, Minneapolis, Minn., for appellants.

Gerald J. Seibel, Morris, Minn., for appellees.

Before ARNOLD and FAGG, Circuit Judges, and WRIGHT, Chief District Judge.

FAGG, Circuit Judge.

Steven Bruce Booker on a posttrial motion for discovery sanctions was awarded attorney fees incurred in attempting to obtain proper responses to discovery requests and in proving matters that should have been admitted. See Fed.R.Civ.P. 37. The magistrate, however, in calculating the amount of the award allowed only about twenty-five percent of the hours shown on the attorney time and service schedules submitted by Booker's counsel. Booker...

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