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KAUFMAN v. BDO SEIDMAN

No. 92-1229.

984 F.2d 182 (1993)

Richard F. KAUFMAN, Individually and as a Trustee of the Amstore Corporation Administrative Pension Plan; Sylvia C. Kaufman; Michael Kaufman; Robert Kaufman; Greg Kaufman; Andrew Kaufman; Bear Lake Partners; and The Kaufman Foundation Trust, Plaintiffs-Appellants, v. BDO SEIDMAN and David Fles, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 26, 1993.

Attorney(s) appearing for the Case

Grant J. Gruel, Thomas Richard Behm (briefed), Gruel, Mills, Nims & Plyman, Grand Rapids, MI, Bradley C. Twedt (argued), Neal, Gerber & Eisenberg, Chicago, IL, for plaintiffs-appellants.

Gordon J. Quist (briefed), Jon R. Muth, Edward R. Post, Daniel P. Perk, Brent D. Rector (argued), Miller, Johnson, Snell & Cumminskey, Grand Rapids, MI, for defendants-appellees.

Before: MERRITT, Chief Judge, and MARTIN and MILBURN, Circuit Judges.

MERRITT, Chief Judge.

The plaintiffs brought two actions against the same defendant investment counsellors arising from the same investment losses, the first action in state court for malpractice, misrepresentation and breach of contract, the second in federal court for securities fraud1, RICO2 and breach of fiduciary duty.3 The state court jury found that defendant's professional...

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