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VITKUS v. BEATRICE CO.

Nos. 92-1083, 92-1093.

11 F.3d 1535 (1993)

Richard F. VITKUS, Plaintiff-Counter-Defendant-Appellant, National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Plaintiff-Intervenor-Appellant, v. BEATRICE COMPANY, a Delaware corporation, Defendant-Counter-Claimant-Appellee. Richard F. VITKUS, Plaintiff-Counter-Defendant, and National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Plaintiff-Intervenor-Appellant, v. BEATRICE COMPANY, a Delaware corporation, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 13, 1994.

Attorney(s) appearing for the Case

Barry D. Hovis, of Sadler & Hovis, San Francisco, CA (Roger P. Thomasch, Mark J. Gilbert, and Leslie A. Eaton, of Ballard Spahr Andrews & Ingersoll, Denver, CO, with him on the brief, for Richard F. Vitkus and James M. Lyons, Peter L. Edwards, and Patrick M. Flaherty, of Rothgerber, Appel, Powers & Johnson, Denver, CO, with him on the brief for Nat. Union Fire Ins. Co. of Pittsburgh), for Richard M. Vitkus.

Leo A. Knowles, of McGrath, North, Mullin & Kratz, Omaha, NE (Pamela K. Black and William F. Hargens of McGrath, North, Mullin & Kratz, Omaha, Nebraska, and Terence P. Boyle, Berliner, Boyle, Kaplan, Zisser & Walter, Denver CO, with him on the brief), for Beatrice Co.

Before BALDOCK, WOOD, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

I. FACTS

This case arises out of the failure of Silverado Banking, Savings and Loan Association ("Silverado"). Plaintiff-appellant Richard Vitkus worked for Beatrice from 1978 to 1987 and served as General Counsel from 1981 until 1988. While employed by Beatrice, the company asked him to serve on the Silverado Board of Directors, which he did. He continued to serve on the Silverado board even after he left Beatrice.

At the time...

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