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  5. 754 F.Supp. 722 (1991)
 

PENALOSA CO-OP. EXCHANGE v. A.S. POLONYI CO.

No. 88-0006-CV-W-9.

754 F.Supp. 722 (1991)

PENALOSA COOPERATIVE EXCHANGE, Plaintiff, v. A.S. POLONYI COMPANY, Defendant.

United States District Court, W.D. Missouri, W.D.

January 2, 1991.

Attorney(s) appearing for the Case

Bruce B. Waugh, Gilliland & Hayes, P.A., Kansas City, Mo., Gerald L. Green, Gilliland, Hayes, Schmidt, Dillon & Green, P.A., Hutchinson, Kan., for Penalosa Co-op.

James F. Duncan, Brian D. Williams, Watson, Ess, Marshall & Enggas, Kansas City, Mo., Douglas C. McKenna, Watson, Ess, Marshall & Enggas, Olathe, Kan., for A.S. Polonyi Co.

ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

BARTLETT, District Judge.

Plaintiff Penalosa Cooperative Exchange (Co-op) alleges that from September 1983, through December 1985, Wayne Winter (Winter), its general manager, embezzled funds from plaintiff and used the money to speculate in the commodities market for his own account. During that time, Winter employed A.S. Polonyi Company (Polonyi...

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