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MACKEY v. BURKE

No. 81-1838.

751 F.2d 322 (1984)

Frank MACKEY, Frank Mackey, Jr. and Stephen Mackey, d/b/a Frank Mackey & Sons, Plaintiffs-Appellees, v. John P. BURKE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 26, 1984.

Attorney(s) appearing for the Case

Richard G. Langdon, of Herrick, Langdon & Langdon, Des Moines, Iowa (Michael H. Maher of Veselich, Schulz, Bender, Maher & Larson, P.C., of Kansas City, Mo., was also on brief), for defendant-appellant John P. Burke.

Richard N. Roe of Lowe, Terry & Roberts, Olathe, Kan. (George A. Lowe of Lowe, Terry & Roberts, Olathe, Kan., was also on brief), for plaintiffs-appellees.

Before HOLLOWAY, Chief Judge, and SEYMOUR and TIMBERS, Circuit Judges.

HOLLOWAY, Chief Judge.

This diversity action involves a dispute over the issuance of a stop payment order at defendants' request on a $74,200 check made out to plaintiffs. After a jury trial, the district court awarded plaintiffs judgment for $74,200 in actual damages and $50,000 in punitive damages against defendant-appellant Burke. Separate judgments were entered against defendants Rhee and United States Agro International, Inc. Defendant Burke appeals, and we affirm...

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