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McKISSICK v. YUEN

Nos. 08-5151, 09-5078.

618 F.3d 1177 (2010)

Pamela L. McKISSICK, an individual, Plaintiff/Counter-Defendant-Appellant, v. Henry C. YUEN, an individual; Elsie M. Leung, an individual, Defendants-Appellees, and Gemstar-TV Guide International, Inc., Defendant/Counter-Claimant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 8, 2010.

Attorney(s) appearing for the Case

Donald R. Bradford of Seeger Weiss LLP, Tulsa, OK, for Plaintiff/Counter-Defendant-Appellant.

Brian E. Maas of Frankfurt Kurnit Klein & Selz P.C., New York, NY, ( Jessie F. Beeber , Patrick J. Boyle , and Amelia K. Seewann of Frankfurt Kurnit Klein & Selz P.C., New York, NY; and Joseph R. Farris and Paula J. Quillin of Feldman, Franden, Woodard & Farris, Tulsa, OK, with him on the briefs), for Defendants-Appellees, Henry C. Yuen and Elsie M. Leung.

John E. Dowdell ( Jo Lynn Jeter and Steven M. Ruby , with him on the briefs), Norman Wohlgemuth Chandler & Dowdell, Tulsa, OK, for Defendant/Counter-Claimant-Appellee, Gemstar-TV Guide International, Inc.

Before HARTZ, HOLLOWAY, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

Pamela McKissick, a former Gemstar executive, sued the company and two of its former officers, accusing them of perpetrating a fraud that rendered her stock options in the company worthless. The district court granted summary judgment to the defendants, holding that Ms. McKissick released her claims long ago when she signed a separation agreement at the end of her employment. Based on another provision in that same agreement, the district court...

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