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FIRST GOLDEN BANCORPORATION v. WEISZMANN

No. 89-1377.

942 F.2d 726 (1991)

FIRST GOLDEN BANCORPORATION, Plaintiff, v. Ronald F. WEISZMANN, Defendant, Third-Party Plaintiff and Appellant, v. MORGAN STANLEY & CO., INCORPORATED, A Delaware Corporation; Timothy Taebel and Lindner Management, Third-Party Defendants and Appellees.

United States Court of Appeals, Tenth Circuit.

August 15, 1991.

Attorney(s) appearing for the Case

Timothy J. Flanagan of Kelly, Stansfield & O'Donnell, Denver, Colo. (Robert J. Eber, with him on the brief), for defendant, third-party plaintiff and appellant.

Edward W. Stern of Parcel, Mauro, Hultin & Spaanstra, P.C., Denver, Colo. (Cheryl Burnside with him on the brief), for third-party defendants and appellees Morgan Stanley & Co. Inc. and Timothy Taebel.

Charles E. Merrill of Husch, Eppenberber, Donohue, Cornfeld & Jenkins, St. Louis, Mo., for third-party defendant and appellee Lindner Management Corp.

Before ANDERSON, BALDOCK and EBEL, Circuit Judges.

EBEL, Circuit Judge.

This is an appeal from the district court's order granting summary judgment to the appellees, third-party defendants in the action below. The third-party defendants were impleaded under Fed.R.Civ.P. 14(a) after the appellant, the third-party plaintiff, was made a defendant in a suit to recover short-swing profits under section 16(b) of the Securities Exchange Act of 1934 (codified at 15 U.S.C. § 78p(b)). The primary case settled. The district...

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