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FRU-CON CONST. CORP. v. KFX, INC.

No. 97-8055.

153 F.3d 1150 (1998)

FRU-CON CONSTRUCTION CORPORATION, a Missouri corporation; FRU-CON Engineering, Inc., a Missouri corporation, Plaintiffs-Appellants, v. KFX, INC., a Delaware corporation; K-Fuel partnership, a Michigan general partnership; Theodore Venners, individually; Koppelman Fuel Development Company, a California limited partnership, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 1, 1998.

Attorney(s) appearing for the Case

John M. Horas, of Cockriel, Horas & Radice, L.L.C., St. Louis, MO (Steven M. Cockriel of Cockriel, Horas & Radice, L.L.C., St. Louis MO; Patrick R. Day, P.C., Lawrence J. Wolfe, P.C., of Holland & Hart, Cheyenne, WY, Joseph W. Halpern of Holland & Hart LLP, Denver, CO, with him on the briefs), for Plaintiffs-Appellants.

Steven F. Freudenthal of Herschler, Freudenthal, Salzburg, Bonds & Zerga, P.C., Cheyenne, WY (Joseph Butler of Bangs, McCullen, Butler, Foye & Simmons, LLP, Rapid City, SD, with him on the brief), for Defendants-Appellees.

Before SEYMOUR, Chief Judge, PORFILIO and HENRY, Circuit Judges.

SEYMOUR, Chief Judge.

In this diversity action, Fru-Con Construction Corp. and Fru-Con Engineering, Inc. (Fru-Con) brought suit against KFX, Inc., K-Fuel Partnership, Theodore Venners, and Koppelman Fuel Development Co. alleging, among other claims, misappropriation of Fru-Con's trade secrets. Defendants moved for summary judgment on all of Fru-Con's claims, and the district court granted the motion. Fru-Con appeals only the misappropriation of trade secrets claim...

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