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BOONE v. LEAVENWORTH ANESTHESIA, INC.

No. 92-3349.

20 F.3d 1108 (1994)

Evonne T. BOONE, E.T. Boone, Inc., a corporation, Plaintiffs-Appellees, v. LEAVENWORTH ANESTHESIA, INC., a corporation; Leavenworth Anesthesia, P.A., a professional corporation, Defendants-Appellants. and Kenneth Dean Moburg, Jr., in his individual capacity and as a shareholder, director and fiduciary of Leavenworth Anesthesia, Inc. and Leavenworth Anesthesia, P.A.; Donald Mitsdarfer, in his individual capacity and as a shareholder, director and fiduciary of Leavenworth Anesthesia, Inc. and Leavenworth Anesthesia, P.A.; Ed Walckner, in his individual capacity and as a shareholder, director and fiduciary of Leavenworth Anesthesia, Inc. and Leavenworth Anesthesia, P.A.; Jack Parsons, in his individual capacity and as a shareholder, director and fiduciary of Leavenworth Anesthesia, Inc. and Leavenworth Anesthesia, P.A.; William Caldwell, in his individual capacity and as a shareholder, director and fiduciary of Leavenworth Anesthesia, Inc. and Leavenworth Anesthesia, P.A. Defendants.

United States Court of Appeals, Tenth Circuit.

April 6, 1994.

Attorney(s) appearing for the Case

Jeffrey E. Goering (Jeffrey L. Baxter, of Chapman, Waters & Baxter, of Leavenworth, KS, with him on the briefs), of Chapman, Waters & Baxter, of Leavenworth, KS, for defendants-appellants.

Ruth M. Benien, of Benien & Kaplan, Kansas City, KS, for plaintiffs-appellees.

Before TACHA and BALDOCK, Circuit Judges, and CARRIGAN, District Judge.

TACHA, Circuit Judge.

Defendants-appellants Leavenworth Anesthesia, Inc. ("LAI") and Leavenworth Anesthesia, P.A.1 ("LAPA") challenge a district court order imposing a civil penalty under 29 U.S.C. § 1132(c) for their failure to provide information requested by Evonne T. Boone and her professional corporation pursuant to 29 U.S.C. § 1025(a). We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

I. BACKGROUND...

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