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KAPLAN v. ZENNER

Nos. 90-2234, 90-2885.

956 F.2d 149 (1992)

William B. KAPLAN, Plaintiff-Appellee, v. Merrill ZENNER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 6, 1992.

As Amended February 19, 1992.

Rehearing and Rehearing Denied March 27, 1992.

Attorney(s) appearing for the Case

Barry T. McNamara, Robert W. Gettleman (argued), Nancy G. Abrahams, Ted R. Jadwin, Selwyn Zun, Jamie Kittel, D'Ancona & Pflaum, Chicago, Ill., for plaintiff-appellee.

Gary L. Starkman (argued), Ross & Hardies, Carmen D. Caruso, Nicholas J. Etten, Foran & Schultz, George L. Grumley, Brian D. Vandenberg, Douglas J. Bank, Arvey, Hodes, Costello & Burman, Chicago, Ill., for defendant-appellant.

Before COFFEY and FLAUM, Circuit Judges, and ENGEL, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied March 27, 1992.

FLAUM, Circuit Judge.

Merrill Zenner appeals a district court order dismissing as untimely a Rule 11 motion for sanctions he brought against William Kaplan, a plaintiff in the district court proceeding. 130 F.R.D. 661. At issue is whether a sanctions motion filed prior to final judgment but a significant period after the movant has been dismissed from the case is timely.

The plaintiffs filed their...

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