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DERECHIN v. STATE UNIVERSITY OF NEW YORK

Nos. 868, 877, Docket 91-7512, 91-7872.

963 F.2d 513 (1992)

Moises DERECHIN, Plaintiff-Appellant, v. STATE UNIVERSITY OF NEW YORK, et al., Defendants-Appellees. Moises DERECHIN, Plaintiff, v. STATE UNIVERSITY OF NEW YORK, et al., Defendants, Allithea Lango Killeen, Cross-Appellant, Clerk, U.S. District Court, Western District of New York, Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 28, 1992.

Attorney(s) appearing for the Case

Nicholas J. Sargent, Paul D. Weiss, Mahoney, Berg & Sargent, Buffalo, N.Y., (on the brief) for plaintiff-appellant.

Peter H. Schiff, Deputy Sol. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen., Peter G. Crary, John McConnell, Asst. Attys. Gen., on the brief), for defendants-appellees and cross-appellant.

Before: NEWMAN and KEARSE, Circuit Judges, and CEDARBAUM, District Judge.

JON O. NEWMAN, Circuit Judge:

This appeal presents the novel issue whether a district judge may require that the burden of a Rule 11 sanction remain upon a lawyer employed by a state, notwithstanding a state statute that affords the lawyer indemnification. The issue arises on a cross-appeal by Allithea Lango Killeen, a New York assistant attorney general, from the August 7, 1991, order of the District Court for the Western...

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