JAMES v. GERBER PRODUCTS CO.

No. 76-2483.

587 F.2d 324 (1978)

Sue Ellen Baker JAMES, Plaintiff-Appellant, v. GERBER PRODUCTS COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 21, 1978.


Attorney(s) appearing for the Case

John H. Schomer, Michael McGuigan, Dykema, Gossett, Spencer, Goodnow & Trigg, Jackson, Mich., for plaintiff-appellant.

Harold S. Sawyer and Roger M. Clark, Douglas W. Hillman, Hillman, Baxter & Hammond, Roger M. Clark, Grand Rapids, Mich., for defendants-appellees.

Before WEICK and LIVELY, Circuit Judges, and PECK, Senior Circuit Judge.


JOHN W. PECK, Senior Circuit Judge.

Plaintiff was one of three remaindermen beneficiaries of two testamentary trusts, the Helen Gerber Trust and the Cornelius McCarty Trust, that were administered by the Old State Bank of Fremont (Bank), a Michigan corporation. Various initial inventories of the trusts revealed that substantial portions of the trusts' assets consisted of stock of the Gerber Products Company (Gerber). With the avowed purpose of diversifying these assets...

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