DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

072535P.pdf   07/03/2008  Edward Kountze  v.  Tyler Gaines
   U.S. Court of Appeals Case No:  07-2535
   District of Nebraska - Omaha   
   [PUBLISHED] [Shepherd, Author, with Loken, Chief Judge, and Wollman,
   Circuit Judge]
   Civil case. District court did not err in finding that plaintiff was not a
   member of the board at the time he filed this derivative action and that he
   lacked capacity under Nebraska law to bring the action; district court did
   not abuse its discretion in imposing sanctions against plaintiff on the
   ground he included a defendant for improper purpose, knowing that the
   claims against it were barred by a prior dismissal.