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CALLAHAN v. SCHOPPE

No. 88-2697 Summary Calendar.

864 F.2d 44 (1989)

Robert W. CALLAHAN and Evelyn M. Callahan, Plaintiffs-Appellants, v. Ben G. SCHOPPE, et al., Defendants, William Giddens, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 23, 1989.

Attorney(s) appearing for the Case

Roger L. Reynolds, William V. Walker, Doss Carothers, Houston, Tex., for plaintiffs-appellants.

Moriarty & Madigan, Michael A. Moriarty, Ross J. Radcliffe, Houston, Tex., for defendant-appellee.

Before CLARK, Chief Judge, JOHNSON and JOLLY, Circuit Judges.

CLARK, Chief Judge:

Robert and Evelyn Callahan sued William Giddens, among others, seeking damages for alleged fraud. The Callahans, however, served the wrong William Giddens. Eventually they realized their mistake and voluntarily dismissed with prejudice their claims against this person. The district court imposed sanctions, pursuant to Federal Rule of Civil Procedure 11, in the amount of $3,000, which equalled Giddens' attorney fees. The Callahans appeal from the...

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