972 F.2d 341 (4th Cir. 1992), 91-1637, Schewel Furniture Co., Inc. v. Warranty Corp. of America, Inc.
|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|
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 (See FI CTA4 Rule 36 regarding use of unpublished opinions)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)
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.
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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