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REED v. ROBILIO

No. 18326.

400 F.2d 730 (1968)

Martha Cuneo REED, Plaintiff-Appellant, v. Albert F. ROBILIO, Victor L. Robilio, and John S. Robilio, Jr., As Executors of the Estate of Mrs. Jennie G. Robilio, John S. Robilio, Rose Ann Robilio, Florence Rita Robilio Radogna, and Union Planters National Bank of Memphis, Tennessee, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

September 17, 1968.

Attorney(s) appearing for the Case

Frederick Bernays Wiener, Washington, D.C., for appellant, Chandler, Manire, Johnson & Harris, Memphis, Tenn., Davis, Polk & Wardwell, Kissam & Halpin, New York City, of counsel.

Jack Petree, Memphis, Tenn., for appellees, Evans, Petree, Cobb & Edwards, Memphis, Tenn., on brief, for Albert F. Robilio, Albert F. Robilio, Victor L. Robilio and John S. Robilio, Jr., and Union Planters Nat. Bank of Memphis, Marion S. Boyd, Jr., Memphis, Tenn., on brief, Canada, Russell & Turner, Memphis, Tenn., of counsel.

Before WEICK, Chief Judge, and PECK and COMBS, Circuit Judges.

JOHN W. PECK, Circuit Judge.

In 1961, plaintiff-appellant brought this derivative action on behalf of the estate of her deceased parents alleging that defendants, as partners in the Memphis, Tennessee, partnership of Robilio & Cuneo, breached the fiduciary obligation owed the estate of her father. He had been a partner of the firm, and a breach of the fiduciary obligations owed her mother, who had also been a partner...

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