TEN MILE INDUS. PARK v. WESTERN PLAINS SERVICE

Nos. 84-2386, 84-2387.

810 F.2d 1518 (1987)

TEN MILE INDUSTRIAL PARK, Property Owners Association, Inc., K & H Enterprises, Inc., Wheatland Corporation, Ten Mile Village, Inc., Monkey Ward Land Co., Inc., K & K Land and Development Co., a partnership, Darrel Hoberg, Gwenn Hoberg, Ronald Koenekamp, Karen Koenekamp, Dale Harrington, Wanda Harrington, William W. Kramer, Janet A. Kramer and Maryon Wilson, Plaintiffs-Appellants, v. WESTERN PLAINS SERVICE CORPORATION, a South Dakota corporation, John P. Clark, Frank D. Everett, Lloyd K. Pugh, Curtis L. Cameron, E.W. Boyles and Floyd Snyder, Jr., all as individuals, as directors of WPSC, as members of WPSC's Executive Committee and as officers and employees of each of their respective S & Ls, William R. Simpson, Elmer Koehn, Pat Bohan all as individuals, as directors of WPSC and as employees and officers of their respective S & Ls, United Federal Savings & Loan, Aberdeen, South Dakota, Mitchell Home Savings & Loan, Mitchell, South Dakota, First Federal Savings & Loan, Rapid City, South Dakota, First Federal Savings & Loan, Watertown, South Dakota, Yankton Savings & Loan, Yankton, South Dakota, as South Dakota S & Ls, as stockholders of WPSC, as employers of the directors and members of the executive committee of WPSC, and principals of their agents, and Midwest Federal Savings & Loan Association, a North Dakota Savings and Loan as principal of its agents, Defendants-Appellees. Charles HUBBELL, Yvonne Hubbell, Lincoln Homes, a Wyoming corporation, James H. Tolhurst, Carol Tolhurst, David J. Tolhurst, Tolhurst Construction, Inc., a Wyoming corporation, Tolhurst Construction, Inc., a Utah corporation, and Edward R. Brandt, Plaintiffs-Appellants, v. WESTERN PLAINS SERVICE CORP., a South Dakota corporation; Delbert M. Bjordahl, as an employee of WPSC and agent of S & Ls; Ron L. Brown, as an agent of WPSC; John P. Clark, Edward Meekins, Frank D. Everett, Lloyd K. Pugh, Curtis L. Cameron, E.W. Boyles, Floyd Synder, Jr., all as individuals, as directors of WPSC, as members of WPSC Executive Committee and as officers and employees of each of their respective S & Ls; Elmer Koehn, Pat Bohan, M.O. Broschat, all as individuals, as directors of WPSC and as employees and officers of their respective S & Ls, United Federal Savings & Loan, Aberdeen, South Dakota; First Federal Savings & Loan, Rapid City, South Dakota; Home Trust Savings & Loan, Vermillion, South Dakota; First Federal Savings & Loan, Watertown, South Dakota; Yankton Savings & Loan, Yankton, South Dakota, as South Dakota S & Ls, as stockholders of WPSC, as employers of the directors and members of the Executive Committee of WPSC, and as principals of their agents, WPSC, Bjordahl and Brown; and Midwest Federal Savings & Loan Association, a North Dakota Savings and Loan as principal of its agents, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 2, 1987.


Attorney(s) appearing for the Case

Jack R. Gage, Hanes, Gage & Burke, P.C., Cheyenne, Wyo., for plaintiffs-appellants.

James L. Applegate (Glenn Parker, Hirst & Applegate, with him on the brief) Hirst & Applegate, Cheyenne, Wyo., for defendants-appellees Mitchell Home Sav. & Loan, William R. Simpson, Home Trust Sav. & Loan, Vermillion, S.D.

Paul J. Hickey (Mary L. Scheible, Bagley, Hickey, Evans & Statkus, with him on the brief) Bagley, Hickey, Evans & Statkus, Cheyenne, Wyo., for defendants-appellees Lloyd K. Pugh, Curtis L. Cameron, John P. Clark, Frank D. Everett, E.W. Boyles, Floyd W. Snyder, Jr., First Federal Sav. & Loan of Rapid City, S.D., First Federal Sav. & Loan of Watertown, S.D., United Federal Sav. & Loan of Aberdeen, S.D., and Yankton Sav. & Loan of Yankton, S.D.

Ward A. White, Guy, Williams, White & Argeris, Cheyenne, Wyo., for defendants-appellees Pat Bohan, M.O. Broschat, and Midwest Federal Sav. & Loan Ass'n, a N.D. Sav. & Loan Ass'n.

Before BARRETT, MOORE and BALDOCK, Circuit Judges.


BALDOCK, Circuit Judge.

Cases 84-2386 (Ten Mile) and 84-2387 (Hubbell) have been consolidated on appeal for purposes of record, briefing, argument and submission. Due to the similarity of the issues, both cases will be decided in this order and judgment. To the extent an issue is unique to only one of the cases, the discussion of that issue will be expressly limited to that case. References to the record on appeal will be...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases