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HOTMAR v. LOWELL H. LISTROM & CO., INC.

No. 84-2359.

808 F.2d 1384 (1987)

O.J. HOTMAR and Nellie Hotmar, Plaintiffs-Appellants, v. LOWELL H. LISTROM & COMPANY, INC. and Joe J. Brown, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 7, 1987.

Attorney(s) appearing for the Case

Susan K. McKee-Pavlica of Curfman, Harris, Stallings & Snow (Brian G. Grace, with her on the brief), Wichita, Kan., for plaintiffs-appellants.

James A. Walker, Triplett, Woolf & Garretson, Wichita, Kan., for defendants-appellees.

Before MOORE, ANDERSON and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

O.J. Hotmar and his wife, Nellie, brought suit against their broker, Joe J. Brown, and his employer, Lowell H. Listrom & Company, alleging churning and a breach of fiduciary duty with respect to their stock portfolio during the period from November 1, 1977, through November 30, 1979. At trial, the plaintiffs called two witnesses, Joe J. Brown, one of the defendants, and O.J. Hotmar, one of the plaintiffs, and rested their case. The defendants...

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