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  • United States Court of Appeals, Tenth Circuit

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    The plaintiffs sued Delbert Bjordahl in his official capacity as President of Western Plains Service Corporation for refusing to advance loans that WPSC had agreed to provide. The plaintiffs argued Bjordahl was personally liable as a joint venturer with WPSC. Bjordahl filed for summary judgment stating the plaintiffs failed to provide evidence of a joint venture. The magistrate judge granted summary judgment in favor of Bjordahl, and the appellate court affirmed, agreeing with the magistrate judge's reasoning that no genuine issue of material fact existed showing a joint venture between Bjordahl and WPSC.

    Descriere originală:

    Filed: 1991-07-11 Precedential Status: Non-Precedential Citations: 937 F.2d 616 Docket: 89-8056

    Titlu original

    Charles Hubbell, Yvonne Hubbell, Lincoln Homes, a Wyoming Corporation James H. Tolhurst, Carol N. Tolhurst, David J. Tolhurst, Tolhurst Construction, Inc., a Wyoming Corporation v. Delbert M. Bjordahl, in His Official Capacity as President and Chief Executive Officer of Western Plains Service Corporation, but Not Individually, 937 F.2d 616, 10th Cir. (1991)

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    The plaintiffs sued Delbert Bjordahl in his official capacity as President of Western Plains Service Corporation for refusing to advance loans that WPSC had agreed to provide. The plaintiffs argued Bjordahl was personally liable as a joint venturer with WPSC. Bjordahl filed for summary judgment stating the plaintiffs failed to provide evidence of a joint venture. The magistrate judge granted summary judgment in favor of Bjordahl, and the appellate court affirmed, agreeing with the magistrate judge's reasoning that no genuine issue of material fact existed showing a joint venture between Bjordahl and WPSC.

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    4 vizualizări2 pagini

    United States Court of Appeals, Tenth Circuit

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    The plaintiffs sued Delbert Bjordahl in his official capacity as President of Western Plains Service Corporation for refusing to advance loans that WPSC had agreed to provide. The plaintiffs argued Bjordahl was personally liable as a joint venturer with WPSC. Bjordahl filed for summary judgment stating the plaintiffs failed to provide evidence of a joint venture. The magistrate judge granted summary judgment in favor of Bjordahl, and the appellate court affirmed, agreeing with the magistrate judge's reasoning that no genuine issue of material fact existed showing a joint venture between Bjordahl and WPSC.

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    din 2

    937 F.

    2d 616

    Unpublished Disposition
    NOTICE: Tenth Circuit Rule 36.3 states that unpublished
    opinions and orders and judgments have no precedential value
    and shall not be cited except for purposes of establishing the
    doctrines of the law of the case, res judicata, or collateral
    estoppel.
    Charles HUBBELL, Yvonne Hubbell, Lincoln Homes, a
    Wyoming
    corporation James H. Tolhurst, Carol N. Tolhurst, David J.
    Tolhurst, Tolhurst Construction, Inc., a Wyoming
    corporation, Plaintiffs-Appellants,
    v.
    Delbert M. BJORDAHL, in his official capacity as President
    and Chief Executive Officer of Western Plains
    Service Corporation, but not
    individually, Defendant-Appellee.
    No. 89-8056.

    United States Court of Appeals, Tenth Circuit.


    July 11, 1991.

    Before HOLLOWAY, BARRETT and SEYMOUR, Circuit Judges.


    ORDER AND JUDGMENT*
    SEYMOUR, Circuit Judge.

    Plaintiffs brought this action against Delbert Bjordahl "in his official capacity
    as President and Chief Executive Officer of Western Plains Service
    Corporation, but not individually," seeking to hold defendant Bjordahl
    responsible for his refusal to advance money which WPSC had agreed to loan
    plaintiffs. Plaintiffs' theory of Bjordahl's liability was that he was a joint
    venturer with WPSC.

    Bjordahl filed a motion for summary judgment contending the plaintiffs had
    failed to raise a genuine issue of material fact on their joint venture assertion.
    The parties consented to hearing and entry of final order by the magistrate
    judge, who thereafter entered summary judgment in favor of Bjordahl.
    Plaintiffs appeal.

    We have reviewed the record and considered plaintiffs' claim that they have
    created a jury issue on the joint venture question. For substantially the reasons
    given by the magistrate judge in his order of June 16, 1989, we affirm the grant
    of summary judgment in favor of defendant Bjordahl.

    This order and judgment has no precedential value and shall not be cited, or
    used by any court within the Tenth Circuit, except for purposes of establishing
    the doctrines of the law of the case, res judicata, or collateral estoppel. 10th
    Cir.R. 36.3

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