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FULLMER v. WOHLFEILER & BECK

No. 86-1167.

905 F.2d 1394 (1990)

Mark A. FULLMER and Lyman Moody, Plaintiffs-Appellees/Counter-Defendants, Lee Kennard, Plaintiff-Appellee, v. WOHLFEILER & BECK, a corporation, and George Beck, an individual, Defendants-Appellants/Counterclaimants.

United States Court of Appeals, Tenth Circuit.

June 12, 1990.

Attorney(s) appearing for the Case

Stanley J. Preston of Snow, Christensen & Martineau (Max D. Wheeler of Snow, Christensen & Martineau, Salt Lake City, Utah, with him on the brief), for plaintiffs-appellees/counter-defendants.

Robert H. Rees of Kipp and Christian, P.C. (Carman E. Kipp of Kipp and Christian, P.C., Salt Lake City, Utah, with him on the brief), for defendants-appellants/counterclaimants.

Before HOLLOWAY, Chief Judge, and SETH and McWILLIAMS, Circuit Judges.

HOLLOWAY, Chief Judge.

This is a diversity action asserting claims of negligent misrepresentation, negligence and fraud brought by investors in Intermountain Giftmakers, a failed business, against Giftmakers' auditors. After a bench trial, the district judge entered detailed findings, conclusions and a judgment for the investors-plaintiffs, Fullmer, Moody and Kennard, on the negligence and negligent misrepresentation claims for a portion of the damages sought. He...

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