972 F.2d 341 (4th Cir. 1992), 91-1637, Schewel Furniture Co., Inc. v. Warranty Corp. of America, Inc.

Docket Nº:91-1637.
Citation:972 F.2d 341
Party Name:SCHEWEL FURNITURE COMPANY, INCORPORATED, Plaintiff-Appellee, Alexander Wayne BELL, Appellee, v. WARRANTY CORPORATION OF AMERICA, INCORPORATED; Glen H. Hammer, Defendants-Appellants, and EXTENDED SERVICE OF AMERICA, INCORPORATED; Larry V. Peterson; Richard E. Peterson; Gary Proctor; Keith D. Williamson; Larry M. Higbee; Chandler Craig Browning; Mart
Case Date:July 22, 1992
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 341

972 F.2d 341 (4th Cir. 1992)

SCHEWEL FURNITURE COMPANY, INCORPORATED, Plaintiff-Appellee,

Alexander Wayne BELL, Appellee,

v.

WARRANTY CORPORATION OF AMERICA, INCORPORATED; Glen H. Hammer, Defendants-Appellants,

and

EXTENDED SERVICE OF AMERICA, INCORPORATED; Larry V. Peterson; Richard E. Peterson; Gary Proctor; Keith D. Williamson; Larry M. Higbee; Chandler Craig Browning; Martin J. Blank; Larry I. Dorfman; Danny C. Wright, American Fidelity Insurance Company; Financial Guardian, Incorporated; F. G. Reinsurance, Limited; Doran R. Oneale; American Hardware Mutual Insurance Company; Commercial Casualty Insurance Company; A. R. Custard; John Doe; Jane Doe, Defendants.

No. 91-1637.

United States Court of Appeals, Fourth Circuit

July 22, 1992

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA4 Rule 36 regarding use of unpublished opinions)

Argued: June 1, 1992

Appeal from the United States District Court for the Western District of Virginia, at Lynchburg. Jackson L. Kiser, District Judge. (CA-89-85-L)

W.D.Va.

AFFIRMED.

Argued: John Merlin Bruce, Weinstock & Scavo, P.C., Atlanta, Georgia, for Appellant.

Donna Helene Schewel, Davidson, Sakolosky & Richards, P.C., Lynchburg, Virginia, for Appellee.

On Brief: Michael Weinstock, Weinstock & Scavo, P.C., Atlanta, Georgia, for Appellant.

James J. Sakolosky, Davidson, Sakolosky & Richards, P.C., Lynchburg, Virginia, for Appellee.

Before ERVIN, Chief Judge, and HALL and MURNAGHAN, Circuit Judges.

PER CURIAM:

OPINION

The case arises as an appeal of the district court's denial of a motion for Rule 11 sanctions brought by Warranty Corporation of America, and its president Glen H. Hammer ("appellant"), against Schewel Furniture Company, Inc. ("appellee"). On February 13, 1991, after three days of a trial involving appellee's claim that appellant had made fraudulent and harmful representations in their past business relationship, appellee sought and was granted a dismissal of its own action. While, in the form in which it was granted, the dismissal was stated to be without prejudice, the trial court indicated that the grant of the motion was conditioned on an agreement by the parties that there would be no further suits arising out of the issues involved in the...

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