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OLSEN AS TRUSTEE FOR XUREX, INC. v. DI MASE

No. 20-2771.

24 F.4th 1197 (2022)

Jill Denise OLSEN, in her capacity AS Chapter 7 TRUSTEE FOR XUREX, INC., Plaintiff-Appellee, v. Giacomo E. DI MASE; Leonard P. Kaiser; Tristram G. Jensvold; Steve McKeon, Defendants Lee O. Kraus, Jr., Defendant-Appellant Jose Di Mase; DuraSeal Pipe Coatings Company, LLC; DuraSeal Holdings, S.r.L.; Joseph Johnston; Dietmar Rose; Robert Olson; HDI, Holding Development Investment S.A., Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: January 31, 2022.

Attorney(s) appearing for the Case

Counsel who presented argument and appeared on the brief on behalf of the appellant was Jeffrey Ryan King , of Overland, KS. The following attorney also appeared on the appellant brief; Mark A. Samsel , of Wellsville, KS.

Counsel who presented argument and appeared on the brief on behalf of the appellee was Todd H. Bartels , of Kansas City, MO. The following attorneys also appeared on the appellee brief; Robert V. Spake, Jr. , of Kansas City, MO, and E. Benton Keatley , of Kansas City, MO.

Before LOKEN, COLLOTON, and BENTON, Circuit Judges.

Xurex, Inc. filed for Chapter 7 bankruptcy. The trustee sued Lee O. Kraus, Jr. and 20 other defendants for breach of fiduciary duty and civil conspiracy. As relevant here, the jury returned a verdict for the trustee against Kraus for conspiracy to breach fiduciary duties. Kraus appeals the verdict and the district court's...

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