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HARLYN SALES CORPORATION PROFIT SHARING PLAN v. KEMPER FINANCIAL SERVS., INC.

No. 92-3228.

9 F.3d 1263 (1993)

HARLYN SALES CORPORATION PROFIT SHARING PLAN and Harry Goodstadt, Plaintiffs/Appellees, Marvin A. Miller, Patrick E. Cafferty and Stanley R. Wolfe, Appellees, v. KEMPER FINANCIAL SERVICES, INC., Kemper Financial Companies, Inc., and Kemper Corporation, Defendants/Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 18, 1993.

Attorney(s) appearing for the Case

Kevin M. Forde (argued), Mary Anne Mason, Patrick E. Cafferty, Marvin A. Miller, Miller, Faucher, Chertow, Cafferty & Wexler, Chicago, IL, Stanley R. Wolfe, Berger & Montague, Alvin J. Ivers, Philadelphia, PA, for plaintiffs-appellees.

Sidney I. Schenkier, Joan M. Hall, Douglas A. Graham, James L. Thompson (argued), J. Kevin McCall, Jenner & Block, Chicago, IL, for defendants-appellants.

Kevin M. Forde, Mary Anne Mason, Chicago, IL, for appellees.

Before CUMMINGS and MANION, Circuit Judges, and EISELE, Senior District Judge.

EISELE, Senior District Judge.

This Appeal presents a very narrow issue: whether the trial judge abused his discretion in denying Rule 11 sanctions.

Procedural History

The case began when the plaintiffs filed a class action securities law complaint against five defendants including the Kemper defendants. Plaintiffs attempted to state claims on behalf of themselves and all other investors in the Government Plus Portfolio (hereinafter "Portfolio...

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