AUTOMATED SYSTEMS, INC. v. SERVICE BUREAU CORPORATION

No. 9344.

401 F.2d 619 (1968)

AUTOMATED SYSTEMS, INC., a Corporation, Appellant, v. The SERVICE BUREAU CORPORATION, a Corporation, Appellee.

United States Court of Appeals Tenth Circuit.

October 9, 1968.


Attorney(s) appearing for the Case

Robert Martin, Wichita, Kan. (George B. Collins, K. W. Pringle, Jr., W. F. Schell, Robert M. Collins, W. L. Oliver, Jr., W. V. Crank, and Tom C. Triplett, Wichita, Kan., Thomas M. Burns and Peter J. Wall, Denver, Colo., Phil A. Koury, Kansas City, Mo., on the brief), for appellant.

Douglas Stripp, Kansas City, Mo. (Blake A. Williamson, Kansas City, Kan., Landon H. Rowland, and James F. Duncan, Kansas City, Mo., Williamson, Cubbison & Hardy, Kansas City, Kan., and Watson, Ess, Marshall & Enggas, Kansas City, Mo., of counsel, on the brief), for appellee.

Before MARVIN JONES, Senior Judge, United States Court of Claims, SETH, and HICKEY, Circuit Judges.


SETH, Circuit Judge.

Appellant commenced this action seeking relief by way of a constructive trust and for an accounting of profits. The cause of action alleged in the complaint arose from asserted wrongful use of trade secrets and of business opportunity. The plaintiff was denied relief by the trial court sitting without a jury, and this appeal has been taken. The facts are involved, and a somewhat lengthy reference to the trial court's findings is necessary.

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