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BARBER v. MILLER

Nos. 96-55725, 96-55860.

146 F.3d 707 (1998)

Pamela BARBER, Plaintiff, and Miles Carlsen, Appellant/Cross-Appellee, v. Jim MILLER, an individual, et al.; Arthur Blank; Imageware Software, Inc., a California corporation; MFO Management Co., a Michigan business organization; Paul Yager; Stewart Dansby; Mark Wooster; Rita Garwood, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 12, 1998.

Attorney(s) appearing for the Case

Andrew S. Kierstead, Carlsen & Kierstead, Santa Monica, California, for appellant/cross-appellee.

Phyllis E. Andelin, Miller, Mailliard & Culver, L.L.P., San Francisco, California, for appellees/cross-appellants.

Before: CANBY, and THOMPSON, Circuit Judges, and MOLLOY, District Judge.

CANBY, Circuit Judge:

Attorney Miles Carlsen appeals an award of Rule 11 sanctions against him, while Imageware cross-appeals the amount of the award and the refusal to give other sanctions. We reverse the award of sanctions, because the motion for sanctions was not served upon Carlsen 21 days before filing, as required by the 1993 amendments to Rule 11, so as to give Carlsen an opportunity to withdraw the complaint without...

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