DELGADO OIL CO., INC. v. TORRES

No. 84-1064.

785 F.2d 857 (1986)

DELGADO OIL COMPANY, INC., Plaintiff-Appellee, v. Michael R. TORRES, Defendant, James R. Cleveland, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 5, 1986.


Attorney(s) appearing for the Case

Gerald R. Mason of Mason & Twichell, P.C., Pinedale, Wyo., for plaintiff-appellee.

David H. Carmichael of Carmichael, McNiff & Patton, Cheyenne, Wyo., for defendant-appellant.

Before LOGAN and MOORE, Circuit Judges, and WEST, District Judge.


JOHN P. MOORE, Circuit Judge.

This is a diversity case in which plaintiff Delgado Oil Company (Delgado) recovered a judgment from defendant James R. Cleveland (Cleveland) upon a common law theory that Cleveland, a director of an insolvent corporation, Balducci Oil Company, Inc. (Balducci), was liable for losses incurred by the plaintiff. This action was maintained even though Balducci had filed a petition for reorganization under Chapter 11 of the Bankruptcy Code...

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