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ARST v. STIFEL, NICOLAUS & CO., INC.

No. 95-3005.

86 F.3d 973 (1996)

Rodger M. ARST, Plaintiff-Appellant, v. STIFEL, NICOLAUS & COMPANY, INC., and Odis E. Shoaf, Jr., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 11, 1996.

Attorney(s) appearing for the Case

Joe Rebein of Shook, Hardy & Bacon, P.C., Kansas City, Missouri (Barbara A. Harmon and Brett D. Leopold of Shook, Hardy & Bacon, P.C. of Overland Park, Kansas, and Kurt A. Harper of Sherwood & Harper, Wichita, Kansas, with him on the brief), for Plaintiff-Appellant.

Reggie C. Giffin of Morrison & Hecker, Kansas City, Missouri (John C. Nettels, Jr. of Morrison & Hecker, Wichita, Kansas, and James A. Walker of Triplett, Woolf & Garretson, L.L.P., Wichita, Kansas, with him on the brief), for Defendants-Appellees.

Before BRORBY and McWILLIAMS, Circuit Judges, and KERN, District Judge.

KERN, District Judge.

In this appeal we are asked to consider whether the district court properly granted Defendants' motion for summary judgment. Plaintiff-Appellant Rodger M. Arst ("Arst") sued Defendants-Appellees Stifel, Nicolaus & Company, Inc. ("Stifel Co.") and Odis E. Shoaf, Jr. ("Shoaf"), asserting claims under Kansas common law for breach of fiduciary duty and claims under the Kansas Securities Act, Kan. Stat. Ann. § 17-253 (1994), and the Securities...

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