BREITENSTEIN, Circuit Judge.
In 1962 appellee-plaintiff brought a stockholder's derivative suit against the appellants-defendants. Among other things the complaint charged that defendant Wilver, the president of the company, had breached his fiduciary obligations to the company by individually dealing in oil and gas properties with funds loaned to him by the corporation and that defendant Holmes, a director of the company, had participated in and profited from Wilver...
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