United States Tenth Circuit

In an action to rescind a severance agreement based on later-discovered evidence of Defendant-Employee's embezzlement, judgment for Plaintiff is affirmed, where Defendant had adequate notice of Plaintiff's intent to raise the defense that Plaintiff's representative lacked authority to enter the agreement, and there was sufficient evidence to show the same.

Appellate Information

• Decided 04/21/2009
• Published 04/21/2009

Judges

• McKAY, Circuit Judge., Before MURPHY, McKAY, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jonathan P. Tomes (Richard D. Dvorak with him on the briefs), Tomes & Dvorak, Chartered, Overland Park, KS, for Defendant-Counter-Claimant-Appellant., Lara M. Owens (Rachel H. Baker with her on the briefs), Seigfreid, Bingham, Levy, Selzer & Gee, P.C., Kansas City, MO, for Plaintiff-Counter-Defendant-Appellee.