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Rash v. J.V. Intermediate, Ltd
United States Court of Appeals for the Tenth Circuit
498 F.3d 1201 (10th Cir. 2007)
J.V. Intermediate, Ltd. and J.V. Industrial Companies, Ltd. (JVIC) (plaintiff) hired W. Clayton Rash (defendant) to open and manage a division of JVIC in Tulsa, Oklahoma that would maintain oil refineries and power plants in that area. The employment contract required Rash to use all his work time for JVIC from 1999 to 2001. Rash served as manager until 2004 without a contract extension. As manager, Rash reviewed bids on projects for JVIC and selected Total Industrial Plan Services, Inc. (TIPS) to provide scaffolding services on several occasions. Rash never disclosed to JVIC that he was the owner of TIPS. Between 2001 and 2004, JVIC opened its own scaffolding division. Rash never employed JVIC’s scaffolding services. JVIC brought a breach of fiduciary duty claim against Rash and sought summary judgment.
Rule of Law
Holding and Reasoning
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