ALLISON v. BANK ONE-DENVER

Nos. 99-1465, 99-1466, 99-1487, 99-1490, 01-1208, 01-1211 and 01-1240.

289 F.3d 1223 (2002)

John D. ALLISON; William C. Hopkins, Jr.; Galen G. McFayden; Kirk R. Peterson; Julie E. Peterson; John W. Latta; Nanette B. Latta; James T. Link, Plaintiffs-Counter-Defendants-Appellants, v. Bank One-Denver, formerly known as Affiliated National Bank-Denver, formerly known as Denver National Bank, a national banking association, Defendant-Counter-Claimant-Appellee. Roger K. Crosby, Trustee of the Trust created under the Crosby Group, Inc. Profit Sharing Plan, Plaintiff-Appellant, v. Bank One-Denver, formerly known as Affiliated National Bank-Denver, formerly known as Denver National Bank, a national banking association, Defendant-Appellee. John D. Allison; William C. Hopkins, Jr.; Galen G. McFayden; Kirk R. Peterson; Julie E. Peterson; John W. Latta; Nanette B. Latta; James T. Link, Plaintiffs-Counter-Defendants-Cross-Appellees, v. Bank One-Denver, formerly known as Affiliated National Bank-Denver, formerly known as Denver National Bank, a national banking association, Defendant-Counter-Claimant-Cross-Appellant. Roger K. Crosby, Trustee of the Trust created under the Crosby Group, Inc. Profit Sharing Plan, Plaintiff-Cross-Appellee, v. Bank One-Denver, formerly known as Affiliated National Bank-Denver, formerly known as Denver National Bank, a national banking association, Defendant-Cross-Appellant. John D. Allison; William C. Hopkins, Jr.; Galen G. McFayden; Kirk R. Peterson; Julie E. Peterson; John W. Latta; Nanette B. Latta; James T. Link, Plaintiffs-Counter-Defendants-Appellees, v. Bank One-Denver, formerly known as Affiliated National Bank-Denver, formerly known as Denver National Bank, a national banking association, Defendant-Counter-Claimant-Appellant. Roger K. Crosby, Trustee of the Trust created under the Crosby Group, Inc. Profit Sharing Plan, Plaintiff-Appellee-Cross-Appellant, v. Bank One-Denver, formerly known as Affiliated National Bank-Denver, formerly known as Denver National Bank, a national banking association, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

As Amended on Denial of Rehearing June 19, 2002.


Attorney(s) appearing for the Case

James H. Marlow (Dwight A. Hamilton, Clyde A. Faatz, Jr. and Christopher J.W. Forrest, on the briefs), Hamilton & Faatz, P.C., Denver, Colorado, for the Appellants-Cross-Appellees Roger K. Crosby, Trustee of the Trust created under the Crosby Group, Inc. Profit Sharing Plan; John D. Allison; William C. Hopkins, Jr., Galen G. McFayden, Kirk R. Peterson, Julie E. Peterson, John W. Latta, Nanette B. Latta; and James T. Link.

James R. Cage (and Rita J. Bonessa, on the briefs), Cage Williams Abelman & Layden P.C., Denver, Colorado, for the Appellee-Cross-Appellant Bank One-Denver.

Before TACHA, Chief Judge, KELLY, and HARTZ, Circuit Judges.


PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant Roger K. Crosby ("Crosby Plaintiff"), as Trustee of the Crosby Group, Inc. Profit Sharing Plan (the "Plan"), and a group of Individual Retirement Account ("IRA") holders (collectively, the "Allison Plaintiffs"), filed suit against Defendant-Appellee Bank One-Denver ("Bank One") alleging violations of federal securities laws, Colorado securities laws, ERISA, 29 U.S.C. § 1104(a), RICO, 18 U.S.C. § 1961, the...

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