Fifth Circuit Court Cases - Case Law and Opinions from the 5th Circuit Federal Court - Court of Appeals

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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 93-2517
GULF STATES INSURANCE CO.,
Plaintiff-Counter
Defendant-Appellee,
versus
ALAMO CARRIAGE SERVICE, ET AL.,
Defendants,
ALAMO CARRIAGE SERVICE, INC.,
Defendant-Counter
Plaintiff-Appellant.
HERJE CARLSSON,
Plaintiff,
versus
ALAMO CARRIAGE SERVICE, INC.,
Defendant-Appellant,
versus
GULF STATES INSURANCE CO.,
Intervenor-Defendant
Appellee.
Appeal from the United States District Court
for the Southern District of Texas
ON PETITIONS FOR REHEARING
(May 12, 1994)

Before JOLLY, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:
IT IS ORDERED that Alamo Carriage Service, Inc.'s petition for
rehearing is hereby DENIED.
IT IS ORDERED that Gulf States Insurance Co.'s petition for
rehearing is hereby GRANTED for the limited purpose of
supplementing our opinion to award sanctions and just damages under
Federal Rule of Appellate Procedure 38, 28 U.S.C. § 1912, and the
inherent discretionary authority of this court.
Alamo's appeal was dismissed as frivolous. Granting in part
Gulf States' motion for sanctions and damages, we award to Gulf
States, and order Alamo to pay, (1) $398 as double costs, (2) $620
as attorneys' fees and costs incurred by Gulf States in filing and
serving its petition for rehearing, and (3) $1,000 as reasonable
(but limited) attorneys' fees for sanctions.

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