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NEWLAND v. NEWLAND

No. 94-3327.

82 F.3d 338 (1996)

Charles Lester NEWLAND, a/k/a Charles L. Newland, Plaintiff-Appellant, v. Clifford A. NEWLAND, Defendant-Cross Claimant, v. The FIRST NATIONAL BANK IN GOODLAND, Goodland, Kansas; Jerry D. Fairbanks, Defendants-Cross Claim Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 19, 1996.

Attorney(s) appearing for the Case

Roger M. Theis of Hinkle, Eberhart & Elkouri, Wichita, Kansas, (John Terry Moore, with him on the brief) for Plaintiff/Appellant.

Donald F. Hoffman of Dreiling, Bieker & Hoffman, Hays, Kansas, for Defendant/Cross Claim Defendant/Appellee The First National Bank in Goodland.

Steven C. Day of Woodard, Blaylock, Hernandez, Roth & Day, Wichita, Kansas, for Defendant/Cross Claim Defendant/Appellee Jerry D. Fairbanks.

Before EBEL, McKAY, and HENRY, Circuit Judges.

EBEL, Circuit Judge.

Appellant Charles L. Newland filed this diversity action against the former administrator of his deceased father's estate and the administrator's attorney ("Appellees"), asserting claims for breach of trust, gross negligence, conversion, fraud, waste, negligence, breach of fiduciary duty, and unjust enrichment. The district court granted summary judgment in favor of the Appellees on the ground, inter alia, that Appellant's claims were barred...

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