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INNES v. HOWELL CORP.

No. 94-5827.

76 F.3d 702 (1996)

Shirley J. INNES, Executrix of the Estate of John J. Innes, Plaintiff-Appellant, v. HOWELL CORPORATION; Lake Coal Company, Inc.; Paul N. Howell; Steven K. Howell; Forrest E. Cook; Cook, Wright & Taylor, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 16, 1996.

Attorney(s) appearing for the Case

Charles W. Kenrick (argued), Dickie, McCamey & Chilcote, Pittsburgh, PA, for Innes.

Forrest E. Cook, Cook, Wright & Taylor, Whitesburg, KY, Ronald L. Green (argued), Boehl, Stopher & Graves, Lexington, KY, for Forrest E. Cook, Cook, Wright & Taylor.

Stephen E. Embry, Brown, Todd & Heyburn, Louisville, KY, Keith Moorman, Brown, Todd & Heyburn, Lexington, KY, Eugene B. Wilshire, Jr. (argued), Wilshire & Scott, Houston, TX, for Howell Corp., Lake Coal Co., Inc., Paul N. Howell, Steven K. Howell.

Before: KRUPANSKY, BATCHELDER, and MOORE, Circuit Judges.

MOORE, J., delivered the opinion of the court, in which KRUPANSKY, J., joined. BATCHELDER, J. (p. 716), delivered a separate concurring opinion.

MOORE, Circuit Judge.

John Innes was fired as President of Lake Coal Company, Inc. ("Lake Coal"), after it was discovered that he had personally received payments from an independent contractor of Lake Coal. Officers of Howell Corporation, Lake Coal's parent, alleged that Innes had received "kickbacks." Innes claimed...

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