WALKER BY WALKER v. NORWEST CORP.

No. 96-2383.

108 F.3d 158 (1997)

Jimmy Lee WALKER, III, by his legal guardian Cynthia M. WALKER; Plaintiff-Appellant, Cynthia M. Walker; James Harrison Massey, Appellants, v. NORWEST CORPORATION, a Minnesota Corporation and Fiduciary of Jimmy Lee Walker, III; Norwest Bank, South Dakota; Norwest Investment Management & Trust, a Sioux Falls, South Dakota, based subsidiary of Norwest Corporation and as Fiduciary of Jimmy Lee Walker, III; Richard Kovacevich, individually and as Chief Executive Officer of Norwest Corporation, and Fiduciary of Jimmy Lee Walker, III; Gary Olson, individually, and as President, Chairman, and Chief Executive Officers of Norwest Bank South Dakota, N.A., Regional Office, and as Fiduciary of Jimmy Lee Walker, III; Kirk Dean, individually, and as President of Norwest Bank South Dakota, N.A., Rapid City location and as Fiduciary of Jimmy Lee Walker, III; Dennis Hoffman, individually and as President of Norwest Investment Management & Trust, and Fiduciary of Jimmy Lee Walker, III; Tom Naasz, individually, and as Vice President of Norwest Investment Management & Trust; and as Fiduciary of Jimmy Lee Walker, III; and as Co-Trustee and Fiduciary of Jimmy Lee Walker, III; Beal Law Offices, as a law firm, partnership, corporation, or other public or private entity, and Fiduciary of Jimmy Lee Walker, III; George Beal, individually, and as partner, owner, employee, agent, authorized representative, or other of Beal Law Offices; as officer, attorney, agent, employee, authorized representative or other of Norwest Bank South Dakota N.A.; Norwest Investment Management & Trust; and Norwest Corporation; and as attorney, agent Fiduciary of Jimmy Lee Walker, III, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 28, 1997.


Attorney(s) appearing for the Case

James Harrison Massey, Longmont, CO, for plaintiff-appellant.

Barton R. Banks, Rapid City, SD (Jerry D. Johnson, on the brief), for George Beal and Beal Law Offices.

J. Crisman Palmer, Rapid City, SD, for Norwest Corporation, et al.

Before McMILLIAN, JOHN R. GIBSON, and MAGILL, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Jimmy Lee Walker, III, his guardian, Cynthia Walker, and their attorney, James Harrison Massey, appeal from the district court's1 award of sanctions against Massey for filing a diversity case in which he failed to plead complete diversity of citizenship, and indeed, pleaded facts which tended to show there was not complete diversity. The Walkers and Massey contend...

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