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NORSYN, INC. v. DESAI

No. 03-1001.

351 F.3d 825 (2003)

NORSYN, INC., Plaintiff-Appellant, v. R.M. DESAI, Personally and as CEO of Bank of India; Nari C. Pohani, Personally and as President of Pohani Commercial Purchasing Corp.; Robert Easton, Personally and as Managing Director of Charter Oak Asset Management, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 10, 2003.

Attorney(s) appearing for the Case

David Johnston, argued, Washington, DC, for appellant.

Neil K. Fulton, argued, Pierre, SD (Brent A. Wilbur, Pierre, SD, on the brief), for appellee.

Before LOKEN, Chief Judge, LAY and BOWMAN, Circuit Judges.

LAY, Circuit Judge.

This is an appeal from the district court's order denying the motion of Norsyn, Inc. ("Norsyn") for default judgment and dismissing its complaint without prejudice. The district court also imposed sanctions jointly and separately against Norsyn's counsel in the amount of the Defendants' attorney fees and costs. We now affirm in part and vacate in part.

I. BACKGROUND

In January 2002, Norsyn filed a complaint in South Dakota state...

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