NORTHWEST BYPASS GROUP v. U.S. ARMY CORPS OF ENGINEERS

No. 08-2116.

569 F.3d 4 (2009)

NORTHWEST BYPASS GROUP; Morton C. Tuttle; Carolyn H. Tuttle; Leslie J. Ludtke, Plaintiffs, v. US ARMY CORPS OF ENGINEERS; US Army Corps of Engineers, Chief; US Army Corps of Engineers, New England District Commander, Defendants, City of Concord, Defendant, Appellee, Concord Hospital; St. Paul's School, Intervenor Defendants, Appellees, Gordon R. Blakeney, Jr., Objector, Appellant.

United States Court of Appeals, First Circuit.

Decided June 16, 2009.


Attorney(s) appearing for the Case

Edmund J. Boutin with whom Jonathan M. Boutin, John L. Altieri, Jr. and Boutin & Altieri, P.L.L.C. were on brief for appellant.

E. Tupper Kinder with whom Nelson, Kinder, Mosseau & Saturley, P.C. was on brief for appellee City of Concord.

Before LYNCH, Chief Judge, FARRIS, and BOUDIN, Circuit Judges.


BOUDIN, Circuit Judge.

This is an appeal from the district court's order sanctioning plaintiffs' counsel, Gordon R. Blakeney, for vexatious conduct in filing against the City of Concord, New Hampshire, motions seeking to disqualify its counsel and to obtain sanctions. Those motions alleged that certain communications between the city and two plaintiffs violated a federal criminal obstruction-of-justice statute. The relevant facts are as follows.

In the underlying...

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