MACARTHUR AREA CITIZENS ASSOCIATION, APPELLANT,
v.
REPUBLIC OF PERU, ET AL.
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The court held that while the attorneys for Shannon & Luchs acted in good faith, their filing of an "appellee's brief" that solely sought sanctions was improper and that brief is stricken from the record.
This case involves a dispute over real estate purchased by the Republic of Peru. The court previously ruled on the sovereign immunity issue. This phas…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
In an opinion issued contemporaneously with this order, we have explained why no disciplinary action is warranted as to counsel for appellees Shannon & Luchs and Laura Astiz (hereinafter collectively referred to as Shannon & Luchs). We also stated that we were in error in our prior opinion in this case, set forth at 809 F. 2d 918 (D.C.Cir.1987), in indicating that Shannon & Luchs was not in fact an appellee.
Accordingly, it is hereby ORDERED, by this court, that our previous opinion, reported at 809 F. 2d 918, is modified as follows:
1. In the carryover paragraph at the top of page 924 of 809 F. 2d, the following sentences shall be deleted:
“Nor was any appeal taken by the Association from that dismissal. There was thus no foundation in law or fact for Shannon & Luchs to participate as a party in the present appeal.”
2. In the last sentence of the carryover paragraph at the top of page 924 of 809 F. 2d, the following words shall be deleted: “legal basis or.”
3.In footnote six (6) on page 924 of 809 F. 2d, the last sentence, which reads as follows, shall be deleted:
“Having chosen to do neither, Shannon & Luchs cannot impose itself upon this court, save obviously, as amicus curiae.”
*
In a separate order, filed contemporaneously with this opinion, we have sanctioned appellant’s counsel for the filing of a frivolous motion seeking to intervene in this proceeding. The two disciplinary proceedings, however, are distinct and present different issues.
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Authorities Cited
- MacARTHUR Area Citizens Ass'n v. Republic OF Peru, 809 F.2d 918 (D.C. Cir. 1987)