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NUNN v. CHEMICAL WASTE MANAGEMENT, INC.

Nos. 85-1509, 85-1570.

856 F.2d 1464 (1988)

Paul B. NUNN, Gene Miles and John S. Hoover, Plaintiffs-Appellants, v. CHEMICAL WASTE MANAGEMENT, INC., a Delaware corporation, and Waste Management, Inc., a Delaware corporation, Defendants-Appellees, United States of America, Amicus Curiae. Paul B. NUNN, Gene Miles and John S. Hoover, Plaintiffs-Appellees, v. CHEMICAL WASTE MANAGEMENT, INC., a Delaware corporation, and Waste Management, Inc., a Delaware corporation, Defendants-Counterclaimants-Appellants, United States of America, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

September 2, 1988.

Attorney(s) appearing for the Case

Thomas A. Wood, Wichita, Kan. (H.E. Jones, William R. Smith and David J. Morgan of Hershberger, Patterson, Jones & Roth, Wichita, Kan., with him, on the briefs), for plaintiffs/appellants.

Robert L. Driscoll of Stinson, Mag & Fizzell, Kansas City, Mo. (Catherine M. Hauber and Mary Ann Tyrrell of Stinson, Mag & Fizzell, Kansas City, Mo., Steve A. Leben of Stinson, Mag & Fizzell, Overland Park, Kan., and William Tinker of McDonald, Tinker, Skaer, Quinn & Herrington, Wichita, Kan., with him, on the briefs), for defendants/appellees.

F. Henry Habicht, II, Asst. Atty. Gen., Martin W. Matzen and Blake A. Watson, Attys., Dept. of Justice, Washington, D.C., Francis S. Blake, Gen. Counsel, and Gail Cooper, Atty., E.P.A., Washington, D.C., of counsel, filed a brief on behalf of amicus curiae.

Before LOGAN, SETH and BARRETT, Circuit Judges.

SETH, Circuit Judge.

This action for breach of contract was brought by Paul B. Nunn, Gene Miles and John S. Hoover, the former owners of a corporation named National Industrial Environmental Services, Inc. (NIES), against Chemical Waste Management, Inc. (Chemical Waste), the purchaser of the shares of the corporation, and Waste Management, Inc. (Waste Management), Chemical Waste's parent and sole shareholder. In their suit, the former owners alleged that Chemical...

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