U.S. Court of Appeals for the Fifth Circuit, 1994

Watts Ex Rel. Franklin v. Lummis

Watts Ex Rel. Franklin v. Lummis
U.S. Court of Appeals for the Fifth Circuit · Decided January 18, 1994 · , Davis, Reavley, Trimble1
12 F.3d 471; 1994 WL 9188 (Federal Reporter, Third Series)

Watts Ex Rel. Franklin v. Lummis

Opinion

On Petition for Rehearing and Suggestion for Rehearing En Banc

Before REAVLEY and DAVIS, Circuit Judges, and TRIMBLE 1 , District Judge. BY THE COURT:

The appellant’s petitions for panel rehearing and rehearing en banc are denied.

The appellant’s petitions for rehearing and rehearing en banc prompt us to impose further sanctions because of the legally baseless claims she has relentlessly urged and continues to urge in this appeal. Sanctions were imposed in a previous suit involving virtually identical claims, see Ganoe v. Lummis, 662 F.Supp. 718 (S.D.N.Y. 1987), aff'd, 841 F.2d 1116 (2d Cir. 1988), cert. denied, 487 U.S. 1206, 108 S.Ct. 2848, 101 L.Ed.2d 886 (1988), *472 and we imposed double costs after summarily rejecting this appeal. The motions currently urged by the appellant are frivolous and only serve to multiply and prolong this vexatious litigation. We therefore impose sanctions in the amount of $3,500 jointly and severally against appellant and her attorneys, Dennis L. Tomlin and E. Lynn Singleton, and in favor of appellee Lummis pursuant to Fed. R.App.P. 38.

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