APPLIED GENETICS v. FIRST AFFILIATED SECURITIES

No. 88-1879.

912 F.2d 1238 (1990)

APPLIED GENETICS INTERNATIONAL, INC., Plaintiff-Appellant, v. FIRST AFFILIATED SECURITIES, INC.; American First Corporation; Jack A. Alexander; Kenneth W. Elsberry; Richard P. Woltman; and William J. Patton, Defendants/Third-party-plaintiffs-Appellees, v. Norman Jay HAYES, Third-party-defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 29, 1990.


Attorney(s) appearing for the Case

Tom C. Toner, of Redles, Yonkee & Arney, Sheriden, Wyo., for plaintiff-appellant.

Craig R. Bockman, of Jones, Bell, Simpson & Abbott, Los Angeles, Cal. (Robert A. Graham, Jr., of Jones, Bell, Simpson & Abbott, Los Angeles, Cal., and Paul B. Godfrey, of Godfrey, Sundahl & Jorgenson, Cheyenne, Wyo., with him on the brief), for defendants-appellees.

Before McKAY and EBEL, Circuit Judges, and KANE, District Judge.


EBEL, Circuit Judge.

Plaintiff, Applied Genetics International, Inc. (AGI), appeals from a summary judgment in favor of defendants. AGI's suit was brought in diversity and therefore Wyoming substantive law applies. AGI argues that the district court erred in holding that a settlement and release agreement entered into by the parties, after a failed attempt at a public offering of AGI's stock, was valid and barred all of AGI's claims against defendants. Specifically...

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