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KOUNTZE EX REL. HITCHCOCK FOUNDATION v. GAINES

No. 07-2535.

536 F.3d 813 (2008)

Edward H. KOUNTZE, in his capacity as Trustee and on behalf of the Gilbert M. and Martha H. HITCHCOCK FOUNDATION, a Nebraska Nonprofit Organization, Appellant, v. Tyler B. GAINES; Neely Kountze; Mary Kountze; John Webster; John Does 1-3; Thomas R. Burke; Hotz, Weaver, Flood, Breitkreutz & Grant; Gilbert M. and Martha H. Hitchcock Foundation, a Nebraska Nonprofit Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 3, 2008.

Attorney(s) appearing for the Case

David Domina, argued, Elias T. Xenos, on the brief, for appellant.

John R. Douglas, argued, Terry J. Grennan, on the brief, Omaha, NE, for appellee, Thomas R. Burke.

Edward D. Hotz, argued, Michael R. Peterson, on the brief, Omaha, NE, for remaining appellees.

Before LOKEN, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

In this appeal, we review the district court's grant of summary judgment in favor of Appellees based on Appellant's lack of standing and the district court's decision to impose sanctions against the appellant under Federal Rule of Civil Procedure 11. We affirm the grant of summary judgment and the imposition of sanctions.

I.

The Gilbert M. and Martha H. Hitchcock Foundation (the...

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