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JENNINGS v. GENERAL MEDICAL CORP.

Nos. 77-1205, 77-1206.

604 F.2d 1300 (1979)

Kathryn JENNINGS, Individually and as Executrix of the Estate of Cecil Escher Jennings, Deceased, Betty Jennings, Individually and as Executrix of the Estate of Clinton E. Jennings, Deceased, John Robert Jennings, Terry L. Jennings, Scott E. Jennings, and Becky J. Jennings, a minor, by and through her mother and natural guardian, Betty Jennings, Plaintiffs-Appellees and Cross-Appellants, v. GENERAL MEDICAL CORPORATION, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided August 16, 1979.

Rehearing Denied October 1, 1979.

Attorney(s) appearing for the Case

H. E. Jones, Wichita, Kan. (Greer Gsell, Wichita, Kan., with him on the brief), of Hershberger, Patterson, Jones & Roth, Wichita, Kan., for plaintiffs-appellees and cross-appellants.

Robert L. Howard, Wichita, Kan. (Gerald Sawatzky, Wichita, Kan., with him on the brief), of Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., for defendant-appellant and cross-appellee.

Before McKAY, LEWIS and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

This is an appeal from an award of damages and prejudgment interest to plaintiffs against defendant General Medical Corporation (GMC), in an action arising out of a stock-for-stock exchange contract in which GMC acquired companies owned by plaintiffs. Jurisdiction is based upon diversity of citizenship. (Federal securities act claims were dropped before trial.) The plaintiffs are Kathryn Jennings, wife of Cecil Jennings, deceased, individually...

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