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SPARSHOTT v. FELD ENTERTAINMENT, INC.

Nos. 01-7143, 01-7144 to 01-7146.

311 F.3d 425 (2002)

Shan SPARSHOTT and Morgan J. Sparshott, Appellees/Cross-Appellants, v. FELD ENTERTAINMENT, INC., Appellant/Cross-Appellee, and Charles F. Smith, Appellant/Cross-Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 29, 2002.

Rehearing and Rehearing Denied January 10, 2003.

Attorney(s) appearing for the Case

Stephen M. McNabb argued the cause for appellant/cross-appellee Feld Entertainment, Inc. With him on the briefs were Joseph T. Small, Jr., John M. Simpson, Anthony E. DiResta, and Karen M. Moran.

Dawn E. Boyce argued the cause for appellant/cross-appellee Charles F. Smith. With her on the briefs was Whitney Adams.

James M. Burns argued the cause for appellees/cross-appellants Shan Sparshott and Morgan J. Sparshott. With him on the briefs was Bruce L. Marcus. Richard J. Leon and Robert C. Bonsib entered appearances.

Before: GINSBURG, Chief Judge, HENDERSON, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied January 10, 2003.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

Shan Sparshott and Charles Smith were both employees of Feld Entertainment, Inc., the operator of the Ringling Bros. circus. Smith was the Chief Financial Officer, a board member, and a minority shareholder; his responsibilities included management of firm security. Sparshott worked in the...

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