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ELLIOTT v. TILTON

No. 94-10810.

64 F.3d 213 (1995)

Michael ELLIOTT and Vivian Elliott, Plaintiffs-Appellees, v. Robert TILTON, etc., Marte Tilton, etc., Word of Faith World Outreach Center, Inc., and Word of Faith World Outreach Center Church, etc., Defendants, Rhonda Johnson Byrd, Non-party-Appellant.

United States Court of Appeals, Fifth Circuit.

September 15, 1995.

Attorney(s) appearing for the Case

Sidney Powell, S. Ann Saucer, Dallas, TX, for appellant.

Gary Richardson, Dana Bowen, Richardson & Stoops, Dallas, TX, for appellees.

Before HIGGINBOTHAM and PARKER, Circuit Judges, and McBRYDE, District Judge.

ROBERT M. PARKER, Circuit Judge:

Non-party appellant, Rhonda Johnson Byrd, served as lead counsel for the defendants in the district court in the litigation underlying this appeal.1 The district court sanctioned Byrd under Rule 11 and under its inherent authority based on motions filed and representations made in the district court. Byrd appeals. We find that the imposition of sanctions was improper under Rule 11 and that the district...

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