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SMITH INTERN., INC. v. TEXAS COMMERCE BANK

No. 86-2841.

844 F.2d 1193 (1988)

SMITH INTERNATIONAL, INC., Etc., Plaintiff, Ajax Magnethermic Corp., Baird Corp., Motion Industries, Inc., John R. Peterson, Inc., Marvin Howard Peck, Newage Industries, Inc., and Production Tool Sales, Inc., Plaintiffs-Appellants, v. TEXAS COMMERCE BANK, National Association, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 18, 1988.

Attorney(s) appearing for the Case

Stephen D. Susman, Barbara Lowe, Susman, Godfrey & McGowan, Houston, Tex., for Baird Corp., Ajax Magnathermic Corp., et al.

Joe M. Kirkham, Wendy Siceloff, Kirkham & Siceloff, Carole R. Riggs, Campbell & Riggs, Houston, Tex., for Marvin Howard Peck.

Douglas S. Johnston, Houston, Tex., for John R. Peterson, Inc.

Van E. McFarland, Houston, Tex., for Production Tool Sales, Inc.

Christopher B. Allen, Liddell, Sapp, Zively, Brown & LaBoon, Houston, Tex., for Texas Commerce Bank.

Michael P. Graham, David P. King, Houston, Tex., for John F. Carter, II, et al.

Before THORNBERRY, GARWOOD, and HIGGINBOTHAM, Circuit Judges.

GARWOOD, Circuit Judge:

Plaintiffs-appellants and their attorney appeal the district court's grant of defendants-appellees' motions for sanctions pursuant to Fed.R.Civ.P. 11 and 28 U.S.C. § 1927. We vacate and remand.

Facts and Proceedings Below

The underlying action consists of consolidated suits by plaintiffs-appellants, who are some of the trade creditors of Tubulars Unlimited (Tubulars), against Tubulars and its president, Tublars' attorneys...

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