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DELANO v. KITCH

Nos. 74-1897, 74-1898, 75-1012, 75-1442, 75-1443 and 75-1444.

542 F.2d 550 (1976)

Victor DELANO, Individually and Derivatively On Behalf of Wichita Eagle and Beacon Publishing Company, Inc., Plaintiff-Appellant, v. Paul R. KITCH, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 1, 1976.

Attorney(s) appearing for the Case

Paul Martin Wolff, of Williams, Connolly & Califano, Washington, D.C. (Paul R. Connolly, Jeremiah C. Collins, and Allan A. Ryan, Jr., Washington, D.C., Robert Martin and Paul B. Swartz, of Martin, Pringle, Schell & Fair, Wichita, Kan., of counsel, with him on the brief), for plaintiff-appellant Victor Delano.

Ronald K. Badger, Wichita, Kan., for plaintiff-appellant Victoria Bloom.

Charles W. Harris, of Curfman, Brainerd, Harris, Bell, Weigand & Depew, Wichita, Kan. (Lawrence E. Curfman, Jack Scott McInteer, and Sidney J. Brick, Wichita, Kan., with him on the brief), for plaintiff-appellant First National Bank in Wichita.

Wayne Coulson, Wichita, Kan., for defendants-appellees.

Before SETH, McWILLIAMS and DOYLE, Circuit Judges.

SETH, Circuit Judge.

These consolidated appeals arose from an amended complaint filed by Victor Delano against all defendants, on a cross-claim by the Executor Bank against Paul R. Kitch and Harry B. Brown, Jr., and on a cross-claim of Victoria Bloom against Paul R. Kitch. These were claims for breach of fiduciary duties. They were tried to a jury which entered verdicts in favor of the appellees. The cross-claimants and plaintiff Delano have taken this appeal.

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