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DUBE v. EAGLE GLOBAL LOGISTICS

Nos. 01-21064, 01-21258.

314 F.3d 193 (2002)

Augustine DUBE; Noelle Davis; Kshanti Morris; Ruben Capaletti; Robin McVeigh; Melvin Evans; Cheryl Meachum-Evans; Bernard Greaux, Plaintiffs-Appellants, Provost Umphrey Law Firm LLP, Appellant, v. EAGLE GLOBAL LOGISTICS, also known as Eagle USA Airfreight Inc., Defendant-Appellee, and Equal Employment Opportunity Commission, Appellee. Augustine Dube; Noelle Davis; Kshanti Morris; Ruben Capaletti; Robin McVeigh; Melvin Evans; Cheryl Meachum-Evans; Bernard Greaux, Plaintiffs-Appellants, v. Eagle Global Logistics, also known as Eagle USA Airfreight Inc., Defendant-Appellee, Equal Employment Opportunity Commission, Appellee.

United States Court of Appeals, Fifth Circuit.

November 25, 2002.

Attorney(s) appearing for the Case

Reuben A. Guttman, Brian Patrick McCafferty, Provost & Umphrey, Jonathan Standish Massey, Washington, DC, Marian S. Rosen, Marian S. Rosen & Associates, Houaton, TX, for all Appellants.

Michael E. Tigar, The Tigar Law Firm, Washington, DC, for Provost & Umphrey.

Nancy Lynne Patterson, Anton Pal Montano, Baker & Hostetler, Curtis Dean Herms, Littler Mendelson, Houston, TX, Gregory Scott Coleman, Stuart Kyle Duncan, Weil, Gotshal & Manges, Austin, TX, for Eagle Global Logistics.

Paul D. Ramshaw, EEOC, Washington, DC, for EEOC.

Before WIENER and STEWART, Circuit Judges, and RESTANI, Judge.

BY THE COURT:

Before us is the motion of Defendant-Appellee Eagle Global Logistics ("Eagle") to impose sanctions on Plaintiffs-Appellants, their counsel (principally, the "Provost Umphrey" law firm1), or both. Eagle invites us to rely on Rule 38 of the Federal Rules of Appellate Procedure, as well as 28 U.S.C. § 1927 and our inherent powers. We choose to decide this matter under Rule 38 only, and impose sanctions against Provost Umphrey...

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