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KIRK CAPITAL CORP. v. BAILEY

Nos. 93-2379, 93-2480.

16 F.3d 1485 (1994)

KIRK CAPITAL CORPORATION, Lary R. Kirchenbauer, Plaintiffs, The Wallach Law Firm, Appellant, v. Wendell BAILEY; Jane Bierdeman-Fike; Gail L. Chatfield; Thomas Hodges; Ronald Larkin; James R. Moody; John Russell; Duane Benton; Jerry Hunter; John Scott; Chris Graham; H. Lee Capps; Joseph Dietrich; Board of Trustees, of the Missouri State Employees Retirement System, Appellees, KIRK CAPITAL CORP., a Missouri Corporation; Lary R. Kirchenbauer, Appellants, v. Wendell BAILEY; Jane Bierdeman-Fike; Gail L. Chatfield; Thomas Hodges; Ronald Larkin; James Moody; John Russell; Duane Benton; Jerry Hunter; John Scott; Chris Graham; H. Lee Capps; Joseph Dietrich; Board of Trustees, of the Missouri State Employees Retirement System, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 23, 1994.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Robert John Will of St. Louis, Missouri. Appearing on the brief were Barry A. Short and Yvette M. Guerra.

Counsel who presented argument on behalf of the appellee was Allen D. Allred of St. Louis, Missouri. Appearing on the brief were James W. Erwin and Patricia L. Cohen.

Before LOKEN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge and EISELE, Senior District Judge.

EISELE, Senior District Judge.

This is an appeal from an order imposing monetary sanctions under Federal Rule of Civil Procedure 11 against the Wallach Law Firm and its client Mr. Lary R. Kirchenbauer.

The Kirk Capital Corporation and Mr. Kirchenbauer filed a Complaint against the trustees for the Missouri State Employees' Retirement System ("MOSERS") on April 12, 1991. In the two count Complaint they sought monetary damages under 42 U.S.C. § 1983 against...

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