TRANSAMERICA COMMERCIAL FINANCE CORP. v. BANTON, INC.

No. 90-7676.

970 F.2d 810 (1992)

TRANSAMERICA COMMERCIAL FINANCE CORPORATION, a/k/a BORG WARNER ACCEPTANCE CORPORATION, Plaintiff-Appellee, v. BANTON, INC., an Alabama corporation, BANTON INDUSTRIES, INC., a corporation, Defendants, JAMES F. BANTON, an individual, Defendant-Appellant, JANE J. LONG, an individual, Defendant, SUSAN BANTON, an individual, Defendant-Third-Party Plaintiff-Appellant, LEDBETTER, CORK & BETHUNE, an Alabama partnership, ALLEN T. LEDBETTER, an individual, DAVID C. CORK, an individual, JAMES J. BETHUNE, JR., an individual, CITATION CAROLINA CORPORATION, an Alabama corporation, NATIONAL BANK OF COMMERCE, N.A., a national banking association, Defendants, T. MORRIS HACKNEY, Third-Party Defendant.

United States Court of Appeals, Eleventh Circuit.

September 2, 1992.


Attorney(s) appearing for the Case

Robert E. Sutton, Milwaukee, Wis., for defendant-appellant.

Richard K. Mauk, Carol Rasmussen, Birmingham, Ala., for Transamerica Commercial Finance Corp.

Before TJOFLAT, Chief Judge, BIRCH, Circuit Judge, and HILL, Senior Circuit Judge.


TJOFLAT, Chief Judge:

Susan and James F. Banton appeal from an order of the United States District Court for the Northern District of Alabama imposing on them sanctions pursuant to Fed.R.Civ.P. 11 in the form of an order entering summary judgment against Susan Banton and default judgment against James Banton in the amount of $1,324,167.45 plus interest, court costs, and attorneys' fees.

We reverse the district court's order imposing Rule 11 sanctions. After...

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