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WHITEHEAD v. FOOD MAX OF MISSISSIPPI, INC.

No. 00-60153.

332 F.3d 796 (2003)

Bennie WHITEHEAD; et al., Plaintiffs, v. FOOD MAX OF MISSISSIPPI, INC.; et al., Defendants, Kmart Corporation, Defendant-Appellee, v. Paul S. Minor, Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 17, 2003.

Attorney(s) appearing for the Case

Luther T. Munford (argued), Ross F. Bass, Jr., Phelps Dunbar, Jackson, MS, for Appellant.

Don Keller Haycraft (argued), Khristina DeLuna Miller, Liskow & Lewis, New Orleans, LA, for Defendant-Appellee.

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, and CLEMENT, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Pursuant to Federal Rule of Civil Procedure 11, the district court sanctioned Paul S. Minor, an attorney, for obtaining a writ to execute judgment. The primary reason for our en banc review is to decide whether the district court abused its considerable discretion in imposing sanctions for Minor's violation of Rule 11(b)(1) ("improper purpose" in obtaining writ of execution). The district court acted within its discretion...

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