Kirby v. Cruce

I adhere to the original unanimous panel opinion holding that, since all the asserted rights of the parties grew out of their common scheme to use Price’s inside information as county commissioner regarding the location of a new highway to speculate in lands lying under, or adjacent to, the new highway before the owners, or the public, learned the same information known to Price, the parties’ scheme was contrary to public policy and that this court should not adjudicate, but should dismiss, a dispute between the schemers.

Since my brethren, on motion for rehearing, have determined to…