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RASH v. J.V. INTERMEDIATE, LTD.

No. 06-5128.

498 F.3d 1201 (2007)

W. Clayton RASH, Plaintiff-Appellee, v. J.V. INTERMEDIATE, LTD., a Texas Limited Partnership, successor by conversion to Joint Venture Piping, Inc., a Texas Corporation, and J.V. Industrial Companies, Ltd., a Texas Limited Partnership, successor by conversion to J.V. Piping, Inc., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

August 22, 2007.

Attorney(s) appearing for the Case

Steven M. Harris (C. Matthew Bickell with him on the briefs) Doyle Harris Davis & Haughey, Tulsa, OK, for Appellants.

David E. Jones (Donna L. Smith with him on the brief) Logan & Lowry, LLP, Tulsa, OK, for Appellee.

Before McCONNELL, McKAY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

This diversity case requires us to apply Texas law to three issues arising from claims that an employee secretly owned a company that competed and contracted with his employer: (1) the existence and scope of a fiduciary duty between an agent and a principal, (2) the propriety of the equitable remedy of forfeiture for breach of a fiduciary duty, and (3) the operation of the statute of frauds with respect to employment contract extensions....

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