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HOLLERN v. WACHOVIA SECURITIES, INC.

Nos. 05-1253, 05-1300.

458 F.3d 1169 (2006)

Susan P. HOLLERN, as trustee of and on behalf of the other William H. Price, II Trust, Plaintiff-Appellee, v. WACHOVIA SECURITIES, INC.; Randy S. Russell, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

August 16, 2006.

Attorney(s) appearing for the Case

Michael N. Ungar (William D. Nelson, Craig R. Welling, Rothgerber, Johnson & Lyons, LLP, Denver, CO, with him on the briefs), Ulmer & Berne, LLP, Cleveland, OH, for Defendants-Appellants.

James D. Kilroy, Snell & Wilmer, L.L.P., Denver, CO, for Plaintiff-Appellee.

Before MURPHY, BALDOCK, and McCONNELL, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Plaintiff-Appellee Susan Hollern initiated arbitration proceedings against Defendants-Appellants Wachovia Securities, Inc. and its employee, Randy Russell (collectively "Wachovia"). Hollern claimed Wachovia was negligent and breached its fiduciary duty in managing the William H. Price, II Trust ("Trust"), for which Hollern acted as successor trustee. Both parties sought attorneys' fees in their arbitration...

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