Hylton Harman, Trustee in Bankruptcy of Coffeyville Loan and Investment Company v. D. A. Willbern

BREITENSTEIN, Circuit Judge.

In 1963 the trustee of a company seeking reorganization under Chapter X of the Bankruptcy Act sued defendant, a stockholder and director of the company, for alleged breaches of fiduciary duties. For a history of this controversy see Harman v. Willbern, Kan., 227 F.Supp. 892, and 374 F.Supp. 1149, and Elbel v. United States, 10 Cir., 364 F.2d 127, cert. denied 385 U.S. 1014, 87 S.Ct. 726, 17 L.Ed.2d 550. In 1974 the federal district court gave judgment for defendant. We now have the appeal of the trustee.

The facts found by the trial court, see 374 F.Supp. at…