LEE v. L.B. SALES, INC.

Nos. 98-3010, 98-3014, 98-3016, 98-3017.

177 F.3d 714 (1999)

Kenneth Ray LEE; Lisa Jeanne Ertle; Brenda Osen; Juan Martinez; Amy Schwandt; Glenda Richards; Michael O'Donnell; John Kant; Kim Swanson, on behalf of themselves and all others similarly situated, Plaintiffs, Thomas J. Lyons & Associates, Appellant, v. L.B. SALES, INC., doing business as Continental Motors, a Minnesota corporation, Defendant, Credit Acceptance Corporation, a Michigan corporation, Defendant/Appellee, Community Credit Co., a Minnesota corporation, Defendant, Bankers & Shippers Insurance Company, a Connecticut corporation; First Lenders Insurance Services, Inc., a foreign corporation, Defendants/Appellees, John Doe; Mary Roe, Defendants. Kenneth Ray Lee; Lisa Jeanne Ertle; Brenda Osen; Juan Martinez; Amy Schwandt; Glenda Richards; Michael O'Donnell; John Kant; Kim Swanson, on behalf of themselves and all others similarly situated, Plaintiffs, Thomas J. Lyons & Associates, Appellee, v. L.B. Sales, Inc., doing business as Continental Motors, a Minnesota corporation, Defendant, Credit Acceptance Corporation, a Michigan corporation, Defendant/Appellant, Community Credit Co., a Minnesota corporation; Bankers & Shippers Insurance Company, a Connecticut corporation; First Lenders Insurance Services, Inc., a foreign corporation; John Doe; Mary Roe, Defendants. Kenneth Ray Lee; Lisa Jeanne Ertle; Brenda Osen; Juan Martinez; Amy Schwandt; Glenda Richards; Michael O'Donnell; John Kant; Kim Swanson, on behalf of themselves and all others similarly situated, Plaintiffs, Thomas J. Lyons & Associates, Appellee, v. L.B. Sales, Inc., doing business as Continental Motors, a Minnesota corporation; Credit Acceptance Corporation, a Michigan corporation; Community Credit Co., a Minnesota corporation, Defendants, Bankers & Shippers Insurance Company, a Connecticut corporation, Defendant/Appellant, First Lenders Insurance Services, Inc., a foreign corporation; John Doe; Mary Roe, Defendants. Kenneth Ray Lee; Lisa Jeanne Ertle; Brenda Osen; Juan Martinez; Amy Schwandt; Glenda Richards; Michael O'Donnell; John Kant; Kim Swanson, on behalf of themselves and all others similarly situated, Plaintiffs, Thomas J. Lyons & Associates, Appellee, v. L.B. Sales, Inc., doing business as Continental Motors, a Minnesota corporation; Credit Acceptance Corporation, a Michigan corporation; Community Credit Co., a Minnesota corporation; Bankers & Shippers Insurance Company, a Connecticut corporation, Defendants, First Lenders Insurance Services, Inc., a foreign corporation, Defendant/Appellant, John Doe; Mary Roe, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed June 2, 1999.


Attorney(s) appearing for the Case

Kay Nord Hunt, Minneapolis, MN (Phillip A. Cole, on the brief), for Thomas J. Lyons, appellant/cross-appellant.

James F. Hanneman, Minneapolis, MN (Vernie C. Durocher, Jr., Erik W. Scharf, Richard H. Krochock, Kathy S. Kimmel, James F. Hanneman, on the brief), for Credit Acceptance Corp., et al, appellees/cross-appellants.

Before: FAGG and WOLLMAN, Circuit Judges, and WEBBER, District Judge.


WOLLMAN, Chief Judge.

Thomas J. Lyons & Associates appeals from a district court order affirming the magistrate judge's3 award of sanctions under 28 U.S.C. § 1927 in favor of Credit Acceptance Corporation, Bankers & Shippers Insurance Company, and First Lenders Insurance Services (Defendants). Defendants cross-appeal, claiming that the amount of sanctions ordered by the court was too low. Because neither the magistrate judge...

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