HARMAN v. WILLBERN

No. 74-1332.

520 F.2d 1333 (1975)

Hylton HARMAN, Trustee in Bankruptcy of Coffeyville Loan and Investment Company, Plaintiff-Appellant, v. D. A. WILLBERN, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided August 4, 1975.


Attorney(s) appearing for the Case

T. Richard Liebert, Coffeyville, Kan., and Thomas E. Joyce, Kansas City, Kan., for plaintiff-appellant.

Blake A. Williamson, Kansas City, Kan. (A. C. Cooke, Kansas City, Kan., and Paul A. Lamb, Coffeyville, Kan., on the brief), for defendant-appellee.

Before BREITENSTEIN, McWILLIAMS and DOYLE, Circuit Judges.


BREITENSTEIN, Circuit Judge.

In 1963 the trustee of a company seeking reorganization under Chapter X of the Bankruptcy Act sued defendant, a stockholder and director of the company, for alleged breaches of fiduciary duties. For a history of this controversy see Harman v. Willbern, Kan., 227 F.Supp. 892, and 374 F.Supp. 1149, and Elbel v. United States, 10 Cir.,

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