ALLISON v. HOME-STAKE PRODUCTION COMPANY

No. 8224.

362 F.2d 751 (1966)

A. Dean ALLISON and Victor F. Reiserer, Appellants, v. HOME-STAKE PRODUCTION COMPANY, a corporation, and C. W. Staats, Appellees.

United States Court of Appeals Tenth Circuit.

June 27, 1966.


Attorney(s) appearing for the Case

Robert Martin, Wichita, Kan. (John R. Blair, Don Matlack, Ronald H. Rogg, Richard V. Foote, George B. Collins, K. W. Pringle, Jr., W. F. Schell, Robert M. Collins, William L. Oliver, Jr., William V. Crank, Tom C. Triplett, Wichita, Kan., Thomas M. Burns, and Peter J. Wall, Denver, Colo., were with him on the brief), for appellants.

Franklin D. Gaines, Augusta, Kan. (Harry L. Fitzgerald, Tulsa, Okl., was with him on the brief), for appellees.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.


BREITENSTEIN, Circuit Judge.

After trial without a jury the district court denied relief to the appellants-plaintiffs on their claims that the appellees-defendants had breached, and conspired to breach, certain contract and fiduciary obligations. The trial court found that the duty of the defendants to perform had terminated. The controlling question is the sufficiency of the evidence to sustain such finding.

Plaintiff Allison was in the oil business and plaintiff...

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