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UNITED STATES v. KEARNS

No. 77-1841.

595 F.2d 729 (1978)

UNITED STATES of America, Appellant, v. Henry KEARNS et al.

United States Court of Appeals, District of Columbia Circuit.

Decided November 13, 1978.

As Amended November 13, 1978.

Attorney(s) appearing for the Case

Mark H. Gallant, Atty., Dept. of Justice, Washington, D. C., with whom Earl J. Silbert, U. S. Atty., Barbara Allen Babcock, Asst. Atty. Gen., Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C., were on brief, for appellant.

A. Raymond Randolph, Jr., Washington, D. C., with whom James E. Sharp and N. Richard Janis, Washington, D. C., were on the brief, for appellee, Kearns.

Brian P. Gettings, Arlington, Va., with whom Harvey B. Cohen, Arlington, Va., was on the brief, for appellee, Bostwick.

Before WRIGHT, Chief Judge, and BAZELON and MacKINNON, Circuit Judges.

Opinion for the Court filed by BAZELON, Circuit Judge.

BAZELON, Circuit Judge:

The Government brought this action for breach of fiduciary duty against Henry J. Kearns and Donald Bostwick, formerly president and executive vice president, respectively, of the Export-Import Bank of the United States (Eximbank),1 to recover any profits from the sale of personal stock holdings to a company having extensive dealings with Eximbank. Because...

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