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DELANO v. KITCH

Nos. 79-1065 to 79-1068.

663 F.2d 990 (1981)

Victor DELANO, Victoria Bloom, and First National Bank in Wichita, Executor of the Estate of Marcellus M. Murdock, Plaintiffs-Appellees, Cross-Appellants, v. Paul R. KITCH, Defendant-Appellant, Cross-Appellee, and Harry B. Brown, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 8, 1981.

Attorney(s) appearing for the Case

John F. Eberhardt and James D. Oliver, Wichita, Kan. (Robert C. Foulston, Wichita, Kan., with them on the brief), of Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., for defendant-appellant and Cross-Appellee Paul R. Kitch.

John M. Mason, Washington, D.C. (Paul Martin Wolff, Washington, D.C., with him on the brief), of Williams & Connolly, Washington, D.C. (Paul B. Swartz of Martin, Pringle, Fair, Davis & Oliver, Wichita, Kan., of counsel), for plaintiff-appellee, and cross-appellant Victor Delano.

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

Charles W. Harris of Curfman, Harris & Weigand, Wichita, Kan., (Jack Scott McInteer, Wichita, Kan., with him on the brief) for plaintiff-appellee, cross-appellant First National Bank in Wichita.

John M. Kobayashi, Denver, Colo. (Donald C. McKinlay, Denver, Colo., with him on the brief), of Holme, Roberts & Owen, Denver, Colo., for defendant-appellee Harry Britton Brown, Jr.

Before DOYLE, McKAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

These consolidated appeals arise out of a diversity action three shareholders of the Wichita Eagle and Beacon Publishing Company brought for monetary recovery from Paul R. Kitch, a director, officer, and lawyer for the corporation, and Harry Britton Brown, Jr., a director, officer, and shareholder, for breach of fiduciary duty in a transaction involving the sale of all of the corporation's stock to Ridder Publications, Inc. (Ridder). After trial...

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