CORP. OF THE PRESIDING BISHOP v. ASSOC. CONTRACTORS

No. 88-8466.

877 F.2d 938 (1989)

CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, Plaintiff-Appellant, v. ASSOCIATED CONTRACTORS, INC., Russell E. Hoffman, Jimmy Beck, Alpha Professional Services, Inc., Defendants, Bituminous Casualty Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 20, 1989.


Attorney(s) appearing for the Case

Tyrus R. Atkinson, Atlanta, Ga., for plaintiff-appellant.

John C. Bach and Bovis, Kyle & Burch, Atlanta, Ga., for defendants-appellees.

Before KRAVITCH and COX, Circuit Judges, and MORGAN, Senior Circuit judge.


KRAVITCH, Circuit Judge:

A lawyer's duty under Rule 11 of the Federal Rules of Civil Procedure is at issue in this case. We conclude that the district court erroneously awarded Rule 11 sanctions against the plaintiff and its attorney; accordingly we reverse.1

I.

The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints (the "Church") entered into a contract with Associated Contractors...

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