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16-1133 - Frances Gecker v. Estate of Kevin F. Flynn


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16-1133 - Frances Gecker v. Estate of Kevin F. Flynn
August 11, 2017
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Filed opinion of the court by Judge Kanne. The district court’s decisions on the trustee’s breach-of-contract and breach-of-fiduciary-duty claims are AFFIRMED. Further, the district court’s valuation of damages is AFFIRMED. But because the district court erred in refusing to apply the concurrent-breach doctrine and hold the defendants jointly and severally liable, the district court’s allocation of damages is VACATED and REMANDED for resolution consistent with this opinion. Michael S. Kanne, Circuit Judge; Diane S. Sykes, Circuit Judge and David F. Hamilton, Circuit Judge. [6860862-1] [6860862] [16-1075, 16-1132, 16-1133, 16-1143, 16-1148, 16-1160, 16-1161, 16-1164, 16-1165, 16-1235]