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LANDSCAPE PROPERTIES, INC. v. WHISENHUNT

No. 96-2310.

127 F.3d 678 (1997)

LANDSCAPE PROPERTIES, INC., Debtor in Possession, Plaintiff, C. Richard Crockett; Crockett & Brown, PLLC, Appellants. v. Joe D. WHISENHUNT; Robert A. Vogel; Richard C. Downing, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 9, 1997.

Rehearing Denied November 21, 1997.

Attorney(s) appearing for the Case

Michael Stephen Bingham, Little Rock, AR, argued, for appellant.

John C. Calhoun, Jr., North Little Rock, AR, argued (Scott E. Daniel, North Little Rock, AR, on the brief), for appellee Robert A. Vogel.

John C. Calhoun, Jr., North Little Rock, AR, argued (G. Patrick Arnoult and Russell J. Hensley, Memphis, TN, on the brief), for appellee Joe D. Whisenhunt.

Before BEAM, FRIEDMAN, and LOKEN, Circuit Judges.

FRIEDMAN, Circuit Judge.

For the third time, we must resolve a controversy growing out of an unsuccessful attempt under section 363(n) of the Bankruptcy Code, 11 U.S.C. § 363(n), to challenge a bankruptcy sale of the bankrupt's real property. The two prior appeals involved the merits.

The present appeal is from sanctions imposed upon the lawyer for the bankrupt for filing a subsequent frivolous complaint seeking to avoid the sale. We affirm the sanctions...

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