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HERTZ v. LUZENAC GROUP

Nos. 06-1324, 06-1358.

576 F.3d 1103 (2009)

Sanford Lee HERTZ, Plaintiff-Counterclaim-Defendant-Appellee-Cross-Appellant, v. The LUZENAC GROUP, a French corporation, Defendant, and Luzenac America, Inc., a Colorado corporation, Defendant-Counterclaimant-Appellant-Cross-Appellee, v. Lane Lighthart, an individual, Third-Party Defendant-Counterclaimant-Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

August 11, 2009.

Attorney(s) appearing for the Case

Andrew M. Low (Janet A. Savage, Richard P. Holme, and Elizabeth H. Titus with him on the briefs) of Davis Graham & Stubbs LLP, Denver, CO, for Defendant-Counterclaimant-Appellant-Cross-Appellee.

Theresa L. Corrada of Issacson Rosenbaum P.C., Denver, CO, (Byeongsook Seo of Isaacson Rosenbaum P.C., Denver, CO, and John A. Culver of Benezra & Culver, L.L.C., Lakewood, CO, with her on the briefs) for Plaintiff-Counterclaim-Defendant-Appellee-Cross-Appellant.

Before KELLY, HOLLOWAY, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

This appeal arises from a series of claims and counterclaims between Luzenac America, Inc. ("Luzenac") and two of its former employees, Sanford Lee Hertz and Lane Lighthart. In response to Mr. Hertz's complaint, Luzenac alleged that Mr. Hertz and Mr. Lighthart misappropriated the company's trade secrets related to the production and marketing of vinyl silane-coated talc. Luzenac also brought related claims for breach of contract and conspiracy...

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