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BARNES v. HARRIS

No. 14-4002.

783 F.3d 1185 (2015)

J. Canute BARNES; W. King Barnes; Robert V. Jones, derivatively on behalf of all similarly situated shareholders of Barnes Bancorporation, Plaintiffs-Appellants, v. Curtis H. HARRIS; Ned H. Giles; David N. Barnes; Robert L. Thurgood; Jerry W. Stevenson; Michael D. Pavich; Gary M. Wright; Douglas Stanger; Barnes Bancorporation, a nominal defendant, Defendants-Appellees. Federal Deposit Insurance Corporation, as Receiver for Barnes Banking Corporation, Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

April 21, 2015.

Attorney(s) appearing for the Case

Thomas R. Karrenberg ( R. Willis Orton and Justin W. Starr, Kirton, McConkie, and Jon V. Harper, with him on the briefs), Anderson & Karrenberg, Salt Lake City, UT, for the Plaintiffs-Appellants.

Jonathan A. Dibble ( Scott H. Clark,   Kelly J. Applegate, and Adam K. Richards, with him on the briefs), Ray Quinney & Nebeker P.C., Salt Lake City, UT, for the Defendants-Appellees.

Minodora D. Vancea ( Colleen J. Boles and Kathryn R. Norcross with her on the briefs), Federal Deposit Insurance Corporation, Arlington, VA, for the Intervenor-Appellee.

Before LUCERO, MURPHY, and McHUGH, Circuit Judges.

This appeal follows on the heels of a bank failure, the Barnes Banking Company (the "Bank") having been placed into Federal Deposit Insurance Corporation ("FDIC") receivership in 2010. Three shareholders in Barnes Bancorporation (the "Holding Company"), parent of the failed bank, brought suit against the Holding Company and...

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