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PATHE COMPUTER v. KINMONT INDUSTRIES

No. 91-1534.

955 F.2d 94 (1992)

PATHE COMPUTER CONTROL SYSTEMS CORP., Plaintiff, Appellee, v. KINMONT INDUSTRIES, INC., et al., Defendants, Appellees, Robert E. Margulies, Appellant.

United States Court of Appeals, First Circuit.

Decided January 28, 1992.

Attorney(s) appearing for the Case

Robert E. Margulies with whom Frank E. Catalina and Margulies, Wind, Herrington & Katz, Jersey City, N.J., were on brief, for appellant.

Mark C. Michalowski with whom James Pollock, Kay L. Lackey, and Sherburne, Powers & Needham, Boston, Mass., were on brief, for appellee Abbey Holding, Inc.

Before BREYER, Chief Judge, BROWN, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

BREYER, Chief Judge.

The district court assessed a $7500 sanction against Robert Margulies, the plaintiff's counsel in this case, because, in the court's view, 1) a motion to transfer the case from Massachusetts to North Carolina "was brought for the purpose of delay," and 2) counsel's pursuit of his client's "fraud" claim was not in "good faith." Fed.R.Civ.P. 11. Counsel appeals the sanctions. After reviewing the record, we conclude that the first ground —...

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