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DELANO v. KITCH

Nos. 74-1897, 74-1898, 75-1012, 75-1442 to 75-1444.

554 F.2d 1004 (1977)

Victor DELANO, Individually and Derivatively on Behalf of Wichita Eagle and Beacon Publishing Company, Inc., Plaintiff-Appellant, v. Paul R. KITCH, Harry B. Brown, Jr., Ward E. Colwell, Richard M. Jennings, Paula R. Murdock, Janet M. Jennings, Foster Jennings, Vici McComb, David Colwell, Victoria Bloom, First National Bank in Wichita, Executor of the Will and Estate of Marcellus M. Murdock, Deceased, and Trustee, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 13, 1977.

Attorney(s) appearing for the Case

Paul Martin Wolff, of Williams, Connolly & Califano, Washington, D. C. (Paul R. Connolly, Jeremiah C. Collins, and Allan A. Ryan, Jr., Washington, D. C., Robert Martin and Paul B. Swartz, of Martin, Pringle, Schell & Fair, Wichita, Kan., of counsel, with him on the brief), for plaintiff-appellant, Victor Delano.

Ronald K. Badger, Wichita, Kan., for plaintiff-appellant, Victoria Bloom.

Charles W. Harris, of Curfman, Brainerd, Harris, Bell, Weigand & Depew, Wichita, Kan. (Lawrence E. Curfman, Jack Scott McInteer, and Sidney J. Brick, Wichita, Kan., with him on the brief), for plaintiff-appellant, First National Bank in Wichita.

Wayne Coulson, Wichita, Kan., for defendants-appellees.

Before SETH, McWILLIAMS and DOYLE, Circuit Judges.

SETH, Circuit Judge.

OPINION ON MOTION FOR CLARIFICATION

This court filed an original opinion in this appeal, and certain parties have petitioned for rehearing or for clarification. It appears that an issue relative to the "stockholder's right of refusal," originally contained in the Articles of Incorporation of the newspaper, around which the litigation centered, was not covered in the original opinion. This opinion...

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