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SMITH v. OUR LADY OF THE LAKE HOSP., INC.

No. 91-3260.

960 F.2d 439 (1992)

Prentiss E. SMITH, M.D., Plaintiff-Appellant, Phillip A. Wittmann, et al., Movants-Appellants, v. OUR LADY OF THE LAKE HOSPITAL, INC., etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 29, 1992.

Attorney(s) appearing for the Case

J. Ogden Middleton, II, Charles S. Weems, III, Gold, Weems, Bruser, Sues & Rundell, Alexandria, La., Nathan Lewin, David S. Cohen, Miller, Cassidy, Larroca & Lewin, Washington, D.C., for Wittmann, Landis, Smith and Winsberg.

Kevin Patrick Monahan, Baton Rouge, La., for Prentiss Smith, MD.

Tom F. Phillips, Lloyd J. Lunceford, Baton Rouge, La., for Cranor, et al.

T. Mac Womack, Durrett, Hardin, Hunter, Dameron & Fritchie, Baton Rouge, La., for Our Lady of the Lake Hosp., et al.

Leon Gary, Jr., William C. Kaufman, III, Gary, Fieldy, Landry & Dornier, Donald T. Phelps, J. Rodney Ryan, Jr., Seale, Smith & Phelps, Baton Rouge, La., for Berry.

Before POLITZ, Chief Judge, BROWN and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Dr. Prentiss Smith and his attorneys appeal sanctions imposed under Fed.R.Civ.P. 11 and 26(g), 28 U.S.C. § 1927, and the inherent power of the court. See Smith v. Our Lady of the Lake Hosp., 135 F.R.D. 139 (M.D.La.1991). They also argue that the district judge should have been disqualified under 28 U.S.C. § 455(a) because of his relationship with the defendant hospital and a defendant physician. We reverse the imposition...

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