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TRUCK TREADS, INC. v. ARMSTRONG RUBBER CO.

No. 88-1549.

868 F.2d 1472 (1989)

TRUCK TREADS, INC., Jerry Shults Kelly Tire Service, Inc., and Fulco Tire Distributors, Inc., Plaintiffs, Ted R. Cackowski, Appellant, v. ARMSTRONG RUBBER COMPANY, Strafco, Inc., and Straus-Frank Armstrong, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 5, 1989.

Attorney(s) appearing for the Case

James D. Doyle, III, Ted R. Cackowski, Austin, Tex., for plaintiffs.

Robert K. Wise, Worsham, Forsythe, Sampels & Wooldridge, Dallas, Tex., for Armstrong Rubber Co.

Mark J. Cannan, Lang, Cross, Ladon, Boldrick & Green, San Antonio, Tex., for Strafco, Inc.

Before REAVLEY, WILLIAMS, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

We must determine whether the district court abused its discretion in awarding over $24,000 in attorney's fees as a sanction under Fed.R.Civ.P. 11 and 28 U.S.C. § 1927 for attorney Cackowski's continued misconduct of this litigation. We affirm the district court's findings that Cackowski violated Rule 11 and 28 U.S.C. § 1927. Because we cannot, however, endorse the full amount of fees awarded by the district court, we modify...

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