                     UNITED STATES COURT OF APPEALS
                          FOR THE FIFTH CIRCUIT
                         _______________________

                                No.99-50627
                          _______________________

BYARD EDWARDS, JR.,

                                                        Plaintiff-Appellant,

R. GAINES GRIFFIN,

                                                                     Appellant,

                                    versus

H. L. RICHEY; I. KEITH GORDAN; MARK W. TURNBOUGH,

                                                       Defendants-Appellees.

_________________________________________________________________

           Appeal from the United States District Court
             for the Western District of Texas, Pecos
                    Lower Court No. P-98-CV-65
_________________________________________________________________
                           March 3, 2000


Before JONES, DUHÉ, and WIENER, Circuit Judges.

PER CURIAM:*

           The court has carefully considered this appeal in light

of the briefs, oral argument and pertinent portions of the record.

The factual basis for the trial court’s imposition of sanctions

does not appear to be clearly erroneous.               We conclude, however,

that the    amount   of    sanctions   imposed    represents    an     abuse   of

discretion,    given      such   factors   as    the    short   time    between

plaintiffs’ discovery that they were mistaken about the factual

basis for the lawsuit and their offer to dismiss the case.                Under

     *
            Pursuant to 5th Cir. R. 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Cir. R. 47.5.4.
all the circumstances, the sanction should not have exceeded

$11,500.00.

          The   judgment   is   AFFIRMED   as   MODIFIED   to   reflect   a

sanction award of $11,500.00.




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