WESTON v. HARMATZ

No. 01-4232.

335 F.3d 1247 (2003)

W. David WESTON; Rex Montis Silver Company, Cross-Counterclaimants-Cross-Defendants-Appellants, v. Samuel HARMATZ; H.E. Moses; Bernard Hodowski; Chris Waugh; A.C. Nejedly; Estate of R.E. Donahey; Grace V. Duncan; Elliott Weinberg, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 21, 2003.


Attorney(s) appearing for the Case

Delano S. Findlay (W. David Weston, pro se, with him on the brief), Salt Lake City, UT, for Cross-Counterclaimants-Cross-Defendants-Appellants.

Eric C. Olson, Kirton & McConkie, Salt Lake City, UT, for Defendants-Appellees.

Before BRISCOE, McKAY, and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

Like miners brawling over tiny flecks of gold from the remains of a once-promising strike, Appellants come to this Court for the third time, seeking to extract a few pennies more from their investment in a gold mine venture that failed almost twenty years ago. Resurrecting legal arguments rejected at earlier stages of this litigation, contradicting their own contemporaneous valuations of the assets at issue, and presenting a view of the record...

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