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NOLAND v. BARTON

No. 82-1489.

741 F.2d 315 (1984)

Warren NOLAND; Weldon Noland; George Gudgell; Joe Mitchell, Douglas Fry and Jeff Barker, for and on behalf of Argosy Investments, a general partnership; Arlyn Liddell; Jack N. Burdick; Mark Haroldsen; Robert Rice; George Sabol; Doug Wyatt, Ron Miller and Ruthella Reick, for and on behalf of MWR Enterprises, a general partnership; Clarence C. Bush; Investors Coal Corporation, Inc., a Utah corporation; Reed Petersen; Frank Hart; James Hart; Ned Parson; Jack Parson; Robert Whittlesey; Paul Oerter; Robert Messenbaugh; Lawrence Repsher; C.E. Creagh, Jr., Oscar Henry and Robert Bax, for and on behalf of Whitley Coal Partnership, a general partnership; Newell Sargent; John Olsen; and John Laws, Plaintiffs-Appellants, v. Charles C. BARTON; J. Daniel Deeter; Ross Conti; Levantine American Coal Investments, Ltd., a Georgia corporation; O. Jackson Cook and Cyrus Hashemi, Defendants-Appellees, Kermit Pickett; William L. Whitley; Westmoreland Coal Company, a Delaware corporation; H. Gates Brown; Intercoast Coal Company, a California corporation; Dudley G. Kirkpatrick and William H. Marksberry, Defendants.

United States Court of Appeals, Tenth Circuit.

August 20, 1984.

Attorney(s) appearing for the Case

John P. Ashton, Salt Lake City, Utah (Steven L. Taylor and Geoffrey W. Mangum, Salt Lake City, Utah, with him on briefs) all of Prince, Yeates & Geldzahler, Salt Lake City, Utah, for plaintiffs-appellants.

M. David Eckersley of Houpt & Eckersley, Salt Lake City, Utah, for the defendants-appellees.

Before BARRETT, BREITENSTEIN and SEYMOUR, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Plaintiffs-appellants sued to recover damages under the federal securities laws, the Utah Blue Sky Laws and for breaches of fiduciary duties against, among others, former officers and directors of Whitley Coal Company. Defendant Barton and others filed motions for dismissal or for summary judgment. Plaintiffs filed for leave to amend their complaint dropping Investors Coal Corporation, Inc., as a plaintiff and substituting Whitley Coal...

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