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SIL-FLO, INC. v. SFHC, INC.

Nos. 88-2455, 88-2456, 88-2475, 88-2492 and No. 89-6017.

917 F.2d 1507 (1990)

SIL-FLO, INCORPORATED, a Delaware corporation, Plaintiff-Appellant and Cross-Appellee, John J. Ceparano, Plaintiff and Cross-Appellee, v. SFHC, INCORPORATED and Paul Doughty, Defendants-Appellees and Cross-Appellants, Harold Doughty, Almer E. Ellison, and Rod Fancher, Defendants and Cross-Appellants. NORD SIL-FLO, INC., Plaintiff-Appellant, v. NOBLE MATERIALS, INCORPORATED, Riley Jo McCarty, Paul Doughty, and J.R. Fancher, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 30, 1990.

Attorney(s) appearing for the Case

John A. Claro of Claro & Johnson, Oklahoma City, Okl. and Ronald J. Offenkrantz of Spitzer & Offenkrantz, New York City (Sarah C. Spencer, of Claro & Johnson, on the brief), for plaintiffs-appellants and cross-appellees Sil-Flo, Inc., Nord Sil-Flo, Inc., and John J. Ceparano.

Phil Olsen, Altus, Oklahoma and Michael Paul Rogalin, Oklahoma City, Okl., for defendants-appellees and cross-appellants SFHC, Inc. and Paul Doughty.

Paul Tobin, Oklahoma City, for appellee and cross-appellant Rod Fancher, cross-appellants Harold Doughty and Almer E. Ellison, and appellees Noble Materials, Inc. and Riley Jo McCarty.

BALDOCK, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and KANE, Senior District Judge.

KANE, Senior District Judge.

These related appeals arise out of two actions filed in the District Court for the Western District of Oklahoma. In the first action (hereinafter referred to as "Sil-Flo I"), Sil-Flo, Inc., a Delaware corporation engaged in the production of perlite products, and its owner, John Ceparano, brought suit against SFHC, Inc. and its ownership for breach of contract, trade secret violations and corporate mismanagement. In the second action ...

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