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T & W INV. CO., INC. v. KURTZ

No. 77-1611.

588 F.2d 801 (1978)

T & W INVESTMENT COMPANY, INC., an Oklahoma Corporation, Plaintiff-Appellant, v. Thomas KURTZ, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided December 18, 1978.

Attorney(s) appearing for the Case

David H. Sanders and Philip McGowan of Sanders, McElroy & Carpenter and Gerard K. Donovan of Donovan, Freese & March, Tulsa, Okl., for plaintiff-appellant.

Sidney G. Dunagan of Gable, Gotwals, Rubin, Fox, Johnson & Baker, Tulsa, Okl., for defendant-appellee.

Before HOLLOWAY, DOYLE and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

This appeal arises out of a civil action brought by T & W Investment Company, Inc. (T & W) against Thomas Kurtz (Kurtz) under 42 U.S.C. § 1983. Kurtz was a receiver appointed by an Oklahoma state court for T & W and a related corporation, Tulsa Whisenhunt Funeral Home, Inc. (Tulsa Whisenhunt). The allegations were that Kurtz, acting as receiver of the corporations under color of state...

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