FRED A. SMITH LUMBER CO. v. EDIDIN

Nos. 87-2965, 87-2966.

845 F.2d 750 (1988)

FRED A. SMITH LUMBER COMPANY, an Illinois Corporation, Plaintiff-Appellee, v. Norman EDIDIN, Gary Edidin and Sam Pancotto, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided May 9, 1988.


Attorney(s) appearing for the Case

Andrew T. Staes, Jeffrey Neal Cole, Ltd., Richard S. Reizen, Joyce & Kubasiak, Chicago, Ill., for defendants-appellants.

Stephen Swofford, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, Ill., for plaintiff-appellee.

Before BAUER, Chief Judge, and CUMMINGS and KANNE, Circuit Judges.


CUMMINGS, Circuit Judge.

Once again this Court examines a district court's conclusion that a party's conduct in a particular case did not violate either Rule 11 of the Federal Rules of Civil Procedure or 28 U.S.C. § 1927. Because a de novo review of the district court's order denying sanctions in this case reveals the actual propriety of such an award, we reverse and remand.

Our examination of the protracted history of this case chronicles both...

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