SHAMROCK DRILLING FLUIDS, INC. v. MILLER

No. 93-6171.

32 F.3d 455 (1994)

SHAMROCK DRILLING FLUIDS, INC., an Oklahoma corporation; the Ireland Company; John M. Ireland, an individual; Larry Bishop; Billie Jane Bishop; and Ione Bishop, individuals, Plaintiffs, and Patricia J. Skidgel, individually, and as guardian of Clyde Ray Skidgel, Plaintiffs-Appellants, v. Brian R. MILLER, and individual; Carey B. Miller, an individual; Richard Fale, an individual; BriCar Lease Bank of Oklahoma City, Oklahoma; BriCar, Inc., formerly known as BriCar Resources, Inc., an Oklahoma corporation; BriCar Investments, an Oklahoma partnership; Does 1-5, inclusive, individuals; Oklahoma Federal Savings and Investment Association; American Oil Change Corporation, an Oklahoma corporation; Does 1-20, inclusive; Defendants, and Liberty National Bank and Trust Company of Oklahoma City, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 2, 1994.


Attorney(s) appearing for the Case

David R. Widdoes (Joe E. Edwards, with him on the briefs), Day, Edwards, Federman, Propester & Christensen (formerly Edwards, Sonders & Propester), Oklahoma City, OK, for appellants.

Clyde A. Muchmore (Jimmy Goodman and Mark D. Spencer, with him on the brief), Crowe & Dunlevy, Oklahoma City, OK, for appellee.

Before ANDERSON and BRORBY, Circuit Judges, and MECHEM, District Judge.


STEPHEN H. ANDERSON, Circuit Judge.

Ms. Patricia Skidgel, a victim of a fraudulent investment scheme by accountant Brian Miller, intervened in an action against Miller and others for common law fraud and violations of federal and state securities laws. She prevailed against all but two defendants, one of which was Liberty National Bank ("Liberty"). On appeal, she contends that (1) the jury was misled by an instruction regarding Liberty's duty to disclose, and (2)...

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