Archive for Tuesday, January 8, 1991

KIMBRELL WANTS PSI SUIT TO PROCEED

January 8, 1991

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A Douglas County district court judge is expected to decide this week whether to reconsider his ruling to freeze action on a $3 million lawsuit filed by W. David and Janet Kimbrell against Professional Services Inc.

PSI, a Chicago-based firm that bought Hall-Kimbrell Environmental Services from the Kimbrells a year ago, asked the court on Dec. 12 to dismiss or stay the lawsuit.

District Judge James Paddock granted the motion to stay the lawsuit on Dec. 20 while a lawsuit PSI filed against the Kimbrells in federal district court in Wichita proceeds.

On Monday Paddock heard arguments from Kimbrell's attorney to reopen the lawsuit in Douglas County District Court.

Paddock said he would review the arguments from Kimbrell's attorney, John Jurcyck Jr., and would make a decision later this week.

THE KIMBRELLS filed the $3 million lawsuit against PSI on Aug. 20, saying that PSI "harassed" Kimbrell in order to force him out of the company and that PSI would "reap a windfall" of more than $3 million. Since then, the Kimbrells have increased that amount to more than $7 million.

In September PSI asked that Kimbrell's lawsuit be moved to U.S. District Court in Wichita, where a separate lawsuit filed in July by PSI against the Kimbrells is pending.

However, U.S. District Judge Richard Rogers sent the suit back to Douglas County District Court, saying the federal court didn't have jurisdiction over the claims in the Douglas County suit.

IN THE separate lawsuit, PSI is seeking $5 million in damages from the Kimbrells, claiming they withheld information about their company and its potential liabilities before the sale.

Among the liabilities are proposed Environmental Protection Agency fines of more than $1 million.

On Aug. 15, the Kimbrells asked the federal court to dismiss the federal lawsuit. The federal court has not yet ruled on that motion.

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