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DYNTEL CORP. v. EBNER

No. 96-2369.

120 F.3d 488 (1997)

DYNTEL CORPORATION; Dyncorp, Plaintiffs-Appellants, v. Susan W. EBNER, Defendant-Appellee, and Ruth Morrel, Counter-Defendant.

United States Court of Appeals, Fourth Circuit.

Decided August 5, 1997.

Attorney(s) appearing for the Case

ARGUED: Howard Barry Possick, Arent, Fox, Kintner, Plotkin & Kahn, Washington, DC, for Appellants. Mark Douglas Wegener, Howrey & Simon, Washington, DC, for Appellee. ON BRIEF: Howard V.B. Sinclair, Arent, Fox, Kintner, Plotkin & Kahn, Washington, DC, for Appellants. Edward Han, Martin F. Cunniff, Kirstin A. Mueller, Howrey & Simon, Washington, DC, for Appellee.

Before WILKINSON, Chief Judge, and LUTTIG and WILLIAMS, Circuit Judges.

Affirmed and remanded with instructions by published opinion. Chief Judge Wilkinson wrote the opinion, in which Judge Luttig and Judge Williams joined.

OPINION

WILKINSON, Chief Judge:

DynCorp sued attorney Susan Ebner, alleging that she had breached her ethical "duty of loyalty" to its subsidiary DynTel. The district court dismissed this claim with prejudice, finding that DynCorp had failed to state a claim and had brought suit in the wrong forum...

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