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HAYES v. EAGLE-PICHER INDUSTRIES, INC.

No. 74-1331.

513 F.2d 892 (1975)

Eugene HAYES and Judy Hayes, Plaintiffs-Appellants, v. EAGLE-PICHER INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided April 4, 1975.

Attorney(s) appearing for the Case

David J. Waxse, Payne & Jones, Chartered, Olathe, Kan. (J. Eugene Balloun, Payne & Jones, Chartered, Olathe, Kan., on the brief), for plaintiffs-appellants.

Bill E. Fabian, McAnany, Van Cleave & Phillips, Kansas City, Kan., for defendant-appellee.

Before BREITENSTEIN, HILL and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The controversy with which we are here concerned is whether the plaintiffs'-appellants' repudiation of a settlement agreement entered into by their attorney on the eve of trial was justified. The attorney represented not only the appellants but also was the attorney for 16 others. In addition to the appellants, Eugene and Judy Hayes, three other members of the group voted against acceptance. The clients and the attorney had entered...

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