Schiffer

936 F.2d 579 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Steven SCHIFFER, et. al., Plaintiff/Appellant, v. Thomas J. SHERWOOD, J. Morton Davis, et. al., Defendants/Appellees. No. 89-16603. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 1, 1991. Withdrawn April 4, 1991. Resubmitted June 18, 1991. Decided June 18, 1991. Before TANG, FARRIS and D.W. NELSON, Circuit Judges. 1 MEMORANDUM * 2 In April 1981, appellant Steven Schiffer, appellee Thomas Sherwood and Paul Levine formed Oryx Capital Corporation (Oryx). Schiffer and Sherwood subsequently executed a shareholder's agreement providing that the shareholders would jointly vote their shares for a period of five years. Pursuant to 8 Del.C. Sec. 218(c), the agreement was in writing. Although the agreement was scheduled to terminate on May 8, 1986, appellant alleges that Sherwood orally agreed to prolong its existence beyond that date. On November 16, 1987, appellees…