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MOSIER v. CALLISTER, NEBEKER & McCULLOUGH

No. 07-4238.

546 F.3d 1271 (2008)

R. Kimball MOSIER, in his capacity as Chapter 11 Trustee of National School Fitness Foundation; School Fitness Systems, LLC, Plaintiffs-Appellants, v. CALLISTER, NEBEKER & McCULLOUGH, a professional corporation; Leland S. McCullough; Bradley E. Morris, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 13, 2008.

Attorney(s) appearing for the Case

George B. Hoffmann, Parsons Kinghorn Harris, Salt Lake City, UT (James E. Morton, S. Brook Millard, and Christopher J. Rogers, Morton and Millard, PLLC, Salt Lake City, UT, on the briefs), appearing for Appellants.

Jefferson W. Gross (Richard D. Burbidge, with him on the brief), Burbidge Mitchell & Gross, Salt Lake City, UT, appearing for Appellees.

Before TACHA and HARTZ, Circuit Judges, and DEGIUSTI, District Judge.

TACHA, Circuit Judge.

Plaintiff-Appellant R. Kimball Mosier is the trustee ("Trustee") of the bankruptcy estate of the National School Fitness Foundation ("NSFF"), a not-for-profit corporation that sold physical fitness equipment and programs to school districts across the United States prior to filing for bankruptcy in 2004. Defendants-Appellees are the law firm of Callister, Nebeker, & McCullough, and two of the firm's attorneys, Bradley E. Morris and Leland...

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