Biophotonic Technologies, Inc., Venture Advisors, Inc. v. Morton Davis Oryx Capital Corporation

955 F.2d 47 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. BIOPHOTONIC TECHNOLOGIES, INC., Plaintiff, Venture Advisors, Inc., Plaintiff/Appellee v. Morton DAVIS Defendant, Oryx Capital Corporation, Defendant/Appellant. No. 91-15103. United States Court of Appeals, Ninth Circuit. Submitted Feb. 13, 1992. * Decided Feb. 20, 1992. Before GOODWIN, FARRIS and POOLE, Circuit Judges. 1 MEMORANDUM * 2 Oryx Capital Corporation appeals the district court's grant of summary judgment in favor of Venture Advisors. Oryx contends that the district court erred: 1) by permitting Schiffer to represent the Venture shareholders in a derivative claim; and 2) in determining and calculating damages. We affirm. 3 Oryx asserts that Venture Advisors is an inadequate representative because Schiffer brought this action for personal vindictiveness and leverage in his "larger war" against Sherwood and Oryx. These claims lack merit. 4 Fed.R.Civ.P. 23.1 provides that a shareholder's "derivative action…