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MERCURY AIR GROUP, INC. v. MANSOUR

No. 99-20787.

237 F.3d 542 (2001)

MERCURY AIR GROUP, INC., Plaintiff-Appellant, Brian Hogan; McBreen, McBreen & Kopko, Appellants, v. John M. MANSOUR; et al., Defendants, John M. Mansour, David A. Banmiller, Howard M. Babcock, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 11, 2001.

Attorney(s) appearing for the Case

Warren Wayne Harris (argued), Tracy Caldwell Temple (argued), Bracewell & Patterson, Houston, TX, for Plaintiff-Appellant and Appellants.

Jack Gardiner Carnegie (argued), Leymon L. Solomon, Bayko, Gibson, Carnegie, Hagan, Schoonmaker & Meyer, Houston, TX, for Defendants-Appellees.

Before GARWOOD, HIGGINBOTHAM and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Mercury Air Group, Inc. ("Mercury") appeals from a grant of summary judgment by the district court in favor of John M. Mansour1 ("Mansour") because it determined that there was an absence of evidence to support Mercury's misrepresentation-based 10(b)(5) claims. Mercury also appeals the district court's decision to award FED. R. CIV. P. 11 ("Rule 11") and 28 U.S...

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