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BARRETT v. TALLON

Nos. 93-7029, 93-7080.

30 F.3d 1296 (1994)

Robert L. BARRETT; Barrett Cattle, Inc.; B & R Farms; Johnny Slover; Johnny Slover Cattle, Inc., Plaintiffs-Appellants, v. Gerald TALLON, individually; the Bank of Johnston County; Ray Fox, individually, and doing business as R.R.R. Cattle Company; Alvin Bradshaw, individually, and doing business as R.R.R. Cattle Company, Defendants-Appellees. Robert L. BARRETT; Barrett Cattle, Inc.; B & R Farms; Johnny Slover; Johnny Slover Cattle, Inc., Plaintiffs-Appellants, v. The BANK OF JOHNSTON COUNTY, Defendant-Appellee, and Gerald Tallon, individually; Ray Fox, individually, and doing business as R.R.R. Cattle Company; Alvin Bradshaw, individually, and doing business as R.R.R. Cattle Company, Defendants.

United States Court of Appeals, Tenth Circuit.

July 19, 1994.

Attorney(s) appearing for the Case

Donald M. Hunt of Carr, Fouts, Hunt, Craig, Terrill & Wolfe, Lubbock, TX, for appellants.

Ron Wright of Wright, Stout & Fite, Muskogee, OK, for appellees.

Before SEYMOUR, Chief Judge, LOGAN, and ANDERSON, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Plaintiffs Robert L. Barrett, Johnny Slover, and their cattle companies appeal from separate orders of the district court (1) dismissing their complaint for failure to state a claim, Fed.R.Civ.P. 12(b)(6), and (2) imposing against them Rule 11 sanctions of $32,885.15. For convenience we decide both appeals (Nos. 93-7029 and 93-7080) in this opinion. The district court held that the complaint did not state a claim under the Racketeer...

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