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RIESETT v. W.B. DONER & CO.

Nos. 01-2307, 01-2339.

293 F.3d 164 (2002)

Donald F. RIESETT, Plaintiff-Appellant, v. W.B. DONER & COMPANY; Doner International, Limited, d/b/a Doner & Company, Limited, d/b/a Doner Cardwell Hawkins, Defendants-Appellees. Donald F. Riesett, Plaintiff-Appellee, v. W.B. Doner & Company; Doner International, Limited, d/b/a Doner & Company, Limited, d/b/a Doner Cardwell Hawkins, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 6, 2002.

Attorney(s) appearing for the Case

ARGUED: James A. Dunbar, Venable, Baetjer & Howard, L.L.P., Towson, Maryland, for Appellant. Robert Michael Jackson, Honigman, Miller, Schwartz & Cohn, L.L.P., Detroit, Michigan, for Appellees. ON BRIEF: Kathleen E. Wherthey, Venable, Baetjer & Howard, L.L.P., Rockville, Maryland, for Appellant. Robert J. Muchnick, Honigman, Miller, Schwartz & Cohn, L.L.P., Detroit, Michigan; Abbey G. Hairston, Seyfarth Shaw, Baltimore, Maryland, for Appellees.

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

Affirmed in part and vacated and remanded in part by published opinion. Judge LUTTIG wrote the opinion, in which Chief Judge WILKINSON and WILKINS joined.

OPINION

LUTTIG, Circuit Judge.

W.B. Doner & Co. is an S corporation incorporated under the laws of Michigan. Donald Riesett, a citizen of Maryland, worked for Doner until February, 2000. While employed at Doner, Riesett held Doner stock, pursuant to...

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