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PROFESSIONAL SERVICE INDUSTRIES, INC. v. KIMBRELL

No. 90-1326-B.

802 F.Supp. 383 (1992)

PROFESSIONAL SERVICE INDUSTRIES, INC., Plaintiff, v. W. David KIMBRELL and Janet Kimbrell, Defendants.

United States District Court, D. Kansas.

September 22, 1992.

Attorney(s) appearing for the Case

William A. Bonwell, Jr., Susan Ellis, Bonwell, Foster, Borniger & Ellis, William R. Smith, Hershberger, Patterson, Jones & Roth, David E. Bengtson, Morrison & Hecker, Wichita, Kan., John J. Thomason, Thomason, Hendrix, Harvey, Johnson, Mitchell, Blanchard & Adams, Memphis, Tenn., for plaintiff.

Paul L. Thomas, Wichita, Kan., John J. Jurcyk, Jr., McAnany, Van Cleave & Phillips, P.A., Kansas City, Kan., John D. Petersen, Polsinelli, White, Vardeman & Shalton, Overland Park, Kan., Dennis J. Dobbels, David A. Welte, Polsinelli, White, Vardeman & Shalton, Kansas City, Mo., for defendants.

MEMORANDUM AND ORDER

BELOT, District Judge.

This court issued an order on August 17, 1992, denying Kimbrells leave to amend their counterclaims to maintain an action for an accounting. The court found the Kimbrells had failed to allege either the existence of a fiduciary relationship or that a prior demand and refusal for an accounting had been made. The court granted the Kimbrells leave to supply the court with evidence of the existence of a fiduciary relationship...

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