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COMBS v. PRICEWATERHOUSECOOPERS LLP

Nos. 03-1080, 03-1222.

382 F.3d 1196 (2004)

Barry COMBS, Plaintiff-Appellant, v. PRICEWATERHOUSECOOPERS LLP, Defendant, and Ann Bennett, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 8, 2004.

Attorney(s) appearing for the Case

Thomas J. Kimmell, Zarlengo & Kimmell, LLC, Denver, CO, appearing for Plaintiff-Appellant.

Cindy C. Oliver (Jennifer Clark, with her on the briefs), Rothgerber, Johnson & Lyons, LLP, Denver, CO, appearing for Defendant-Appellee.

Before TACHA, Chief Circuit Judge, PORFILIO, and LUCERO, Circuit Judges.

TACHA, Chief Circuit Judge.

Plaintiff-Appellant Barry Combs, a minority shareholder and former employee of Allied Information Solutions, Inc. ("AIS"), alleged six grounds for breach of fiduciary duty against Defendant-Appellee Ann Bennett, the majority shareholder and only other employee of AIS. After removal to federal court, Ms. Bennett moved for summary judgment arguing, in part, that Mr. Combs must bring his allegations as a derivative action. The District Court...

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