AUSHERMAN v. STUMP

No. 79-1488.

643 F.2d 715 (1981)

William S. AUSHERMAN, By Marian Ruth Ausherman Chavez, his Natural Daughter and Administrator of the Estate of William S. Ausherman, Plaintiff-Appellant, v. Lee K. STUMP, Harry W. Saums, and Ausherman Manufacturing Company, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 12, 1981.


Attorney(s) appearing for the Case

Fred W. Phelps, Jr. of Fred W. Phelps, Chartered, Topeka, Kan., for plaintiff-appellant.

Russell E. Grant, Mulvane, Kan., (Fred Swoyer of Swoyer & Simms, Belleville, Kan., with him on brief), for defendants-appellees.

Before McWILLIAMS and LOGAN, Circuit Judges, and PALMIERI, District Judge.


McWILLIAMS, Circuit Judge.

William S. Ausherman brought suit in the United States District Court for the District of Kansas against Lee K. Stump and Harry W. Saums, who were Ausherman's business associates, and the Ausherman Manufacturing Company, Inc., a company formed by them. The complaint set forth five legal theories or bases for relief: (1) breach of contract based on the defendants' alleged failure to pay royalties under a patent license; (2) rescission and...

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