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STEINER CORP. v. JOHNSON & HIGGINS OF CALIFORNIA

No. 96-4044.

135 F.3d 684 (1998)

STEINER CORPORATION, a Nevada corporation, Plaintiff-Counter-Defendant-Appellant, and Carol S. McCormick, Administrator of the Steiner Corporation Retirement Plan, and Steiner Corporation Retirement Plan, Plaintiffs-Counter-Defendants, v. JOHNSON & HIGGINS OF CALIFORNIA, a California corporation; Donald F. Reeves and Roy J. Bertoldo, Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Tenth Circuit.

As Amended on Denial of Rehearing March 9, 1998.

Attorney(s) appearing for the Case

Peter W. Billings, Jr. (Jay B. Bell, John E.S. Robson and James F. Wood, with him on the brief), Fabian & Clendenin, Salt Lake City, UT, for Plaintiff-Counter-Defendant-Appellant.

Robert A. Lewis, McCutchen, Doyle, Brown & Enersen, San Francisco, CA (William Carpenter, McCutchen, Doyle, Brown & Enersen, San Francisco, CA, and David A. Greenwood, Van Cott, Bagley, Cornwell & McCarthy, Salt Lake City, UT, with him on the brief), for Defendants-Counter-Claimants-Appellees.

Before KELLY, HOLLOWAY and BRISCOE, Circuit Judges.

HOLLOWAY, Circuit Judge.

Plaintiff Steiner Corporation, along with others not parties to this appeal, brought this action against defendants in 1988 for professional malpractice and breach of contract. Defendant Johnson & Higgins (sometimes referred to herein as J & H) is the actuarial firm which handled aspects of plaintiff's employee retirement plan. Defendants Reeves and Bertoldo were the individual members of Johnson & Higgins responsible for the work...

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