(DOWNLOAD) "Lemaster V. United States" by United States Court Of Appeals For The Sixth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Lemaster V. United States
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 02, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Both plaintiffs and their attorney appeal from an award of sanctions under Federal Rule of Civil Procedure 11 and 28 U.S.C. § 1927. Plaintiffs filed suit against the United States and a revenue officer of the Internal Revenue Service after the officer (Webb) seized property ostensibly owned by Stephen Lemaster to pay the tax liabilities owed by his parents, James and Barbara Lemaster. The district court granted the defendants' motion for summary judgment as to all plaintiffs' claims except Stephen's claim under section 7426 of the Internal Revenue Code (26 U.S.C.), which was dismissed after a two-day trial. The court subsequently awarded the government sanctions against both the attorney (Kingsley) and the three plaintiffs, and all four persons now appeal. While Kingsley and the Lemasters raise a number of points on appeal, their basic argument is that this was not an appropriate case for sanctions and that, even if sanctions were allowable, the court did not compute the amount of the sanctions properly. Finding no abuse of discretion by the district court, we affirm the award of sanctions.