NICHOLS-MORRIS CORPORATION v. MORRIS

Docket 25948.

272 F.2d 586 (1959)

NICHOLS-MORRIS CORPORATION, Plaintiff-Appellant, v. Robert E. MORRIS, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 4, 1959.


Attorney(s) appearing for the Case

Parker, Chapin & Flattau, New York City, for appellee.

Klein & Opton, New York City, for appellant.

Before SWAN, MAGRUDER and LUMBARD, Circuit Judges.


SWAN, Circuit Judge.

Plaintiff sued its president for breaches of fiduciary duty. Federal jurisdiction rests on diversity of citizenship. The first three counts of the complaint sought money damages, the fourth sought an accounting of profits and an injunction against further raids on plaintiff's business. The case was tried by Judge Weinfeld without a jury. He wrote an opinion awarding plaintiff $23,500, with interest from October 3, 1956, on the first three causes...

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