Anderson

Miller & Lux, Inc. v. Anderson

Good Law
318 F.2d 831
United States Court of Appeals for the Ninth CircuitJune 18, 1963Nos. 18033, 17929California3,655 words

Opinion

Lead Opinion

Madden, J.

These two appeals, which we will treat in one opinion, are from orders of the United States District Court for the Northern District of California, Southern Division, dismissing appellant’s complaints. In the Anderson case the complaint names as defendants some sixty individuals, partnerships and corporations. In the Chiekering case there are *834 five defendants, four being individuals and the fifth a banking corporation. Each complaint alleges, in substance, that the appellant is a Nevada corporation, the stock of which was, at all times mentioned in the complaint, held in trust by three trustees of the Henry Miller Trust; that, beginning at some time prior to 1927 and continuing thereafter, one J. Leroy Nickel, Jr., a trustee as well as a beneficiary of the trust, and a director and officer of the appellant; James E. Fiekett, a director and the president of the appellant; J. E. Wooley, a trustee of the trust, and a director and officer of the appellant; and A. R. Olsen, a trustee of the trust and a director and officer of the appellant, acted in violation of their fiduciary obligations to the appellant, to enrich themselves and others at the expense of the appellant and to…

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