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SHERR v. WINKLER

No. 76-1144.

552 F.2d 1367 (1977)

Arthur SHERR and Richard Rubin, Appellants, v. L. W. WINKLER, Jr., Individually and as Trustee of Sierra Trading Corporation, a corporation in proceedings for reorganization, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided April 1, 1977.

Attorney(s) appearing for the Case

Paul B. Rodden and Robert R. Marshall, Jr., Rodden & Marshall, Denver, Colo. (Marilyn S. Bonner, Denver, Colo., on the brief), for appellants.

Robert J. Kapelke, Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo. (Frederic L. Kirgis and John S. Pfeiffer, Denver, Colo., on the brief), for appellee.

Before SETH, McWILLIAMS and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Arthur Sherr and Richard Rubin, plaintiffs below, hereinafter referred to as plaintiffs, appeal from a judgment dismissing their action and complaint in a diversity suit in tort brought against L. W. Winkler, Jr., individually and as Trustee (Winkler) of Sierra Trading Corporation (Sierra). (On July 7, 1970, Sierra had filed for a Chapter X Reorganization, pursuant to 11 U.S.C.A. § 501, et seq., of the Bankruptcy Act.)

The complaint...

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