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HOMICO CONST. & DEV. v. TI-BERT SYSTEMS

Nos. 90-3278, 90-3329.

939 F.2d 392 (1991)

HOMICO CONSTRUCTION & DEVELOPMENT COMPANY, Plaintiff, Superintendent of Insurance of the State of New York, in his capacity as Liquidator of Union Indemnity Insurance Company of New York, Plaintiff-Appellant, Cross-Appellee v. TI-BERT SYSTEMS, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 25, 1991.

Attorney(s) appearing for the Case

Bradford R. Carver (argued), Herman, Cahn & Schneider, Cleveland, Ohio, for plaintiff-appellant, cross-appellee.

Scott H. Ruport (argued), Ruport Company, Akron, Ohio, for defendant-appellee, cross-appellant.

Before JONES and SUHRHEINRICH, Circuit Judges, and JOINER, Senior District Judge.

SUHRHEINRICH, Circuit Judge.

This is an appeal and cross-appeal from an award of Rule 11 sanctions against the Superintendent of Insurance of the State of New York ("Superintendent"), following his voluntary dismissal of the complaint against defendants in this RICO action. Appellant argues that the court erred in awarding any sanctions at all. On cross-appeal, Ti-Bert Systems, Inc. ("Ti-Bert") argues that the district court erred in only awarding it attorneys' fees...

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