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LASALLE NAT. BANK v. FIRST CONNECTICUT HOLDING

No. 00-2783.

287 F.3d 279 (2002)

LASALLE NATIONAL BANK, as Trustee under Pooling & Servicing Agreement dated as of May 1, 1998, Mortgage Pass Through Certificates, Series 1998-CI, v. FIRST CONNECTICUT HOLDING GROUP, L.L.C. XXIII, A New Jersey Limited Liability Company; James J. Licata; Hamilton Park Health Care Center, LTD., A New Jersey Corporation; Public Service Electric & Gas Company; Richard Austin; McClinch Equipment Corp.; James Mitchell Construction Management, Zeichner Ellman & Krause; Stephen F. Ellman, Esq.; Philip S. Rosen, in their own right and as attorneys for Plaintiff LaSalle National Bank as Trustee under Pooling & Service Agreement dated as of May 1, 1998 Pass through Certificates, Series 1998-CI, Appellants.

United States Court of Appeals, Third Circuit.

Filed April 24, 2002.

Attorney(s) appearing for the Case

William T. Marshall, Jr., Zeichner, Ellman & Krause, John J. Gibbons, Kevin McNulty (Argued), Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, for Appellants.

James A. Scarpone (Argued), Hellring Lindeman Goldstein & Siegal LLP, Newark, NJ, for Appellees.

Before McKEE, RENDELL and STAPLETON, Circuit Judges.

OPINION OF THE COURT

McKEE, Circuit Judge.

I. Introduction

The law firm of Zeichner Ellman & Krause LLP (the "Zeichner firm"), and two of its attorneys, Philip S. Rosen and Stephen F. Ellman, appeal sanctions the district court imposed under 28 U.S.C. § 1927. The sanctions were largely based upon the court's conclusion that Rosen deliberately misrepresented facts to the court's chambers. The court came to this conclusion by taking "judicial...

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