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SHIVERS v. AMERCO

Nos. 79-3065, 80-5477.

670 F.2d 826 (1982)

Genevieve SHIVERS; Donald Shivers; Ralph and Mary Shivers; Linda S. Shivers; Stephen Shivers, by Ralph C. Shivers, his guardian ad litem; Kenneth and Harriet Shivers; Michael J. Shivers; Robert J. Shivers; Patrick E. Shivers; Theresa A. Shivers, by Kenneth Shivers, her guardian ad litem; Margaret A. Shivers, by Kenneth Shivers, her guardian ad litem; James C. Shivers, by Kenneth Shivers, his guardian ad litem; William and Shirley Stewart, jointly and individually; Laurie A. Stewart; Sherry M. Stewart, by William Stewart, her guardian ad litem; Gail L. Stewart, by William Stewart, her guardian ad litem; Karen L. Stewart, by William Stewart, her guardian ad litem; Patricia K. Stewart, by William Stewart, her guardian ad litem; and Carl E. Klingner, Plaintiffs-Appellants, v. AMERCO, a Nevada corporation; Leonard S. Shoen; Daniel R. Mullen; Samuel W. Shoen; Michael L. Shoen; Edward J. Shoen; and Mark V. Shoen, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 1, 1982.

Rehearing Denied March 31, 1982.

Attorney(s) appearing for the Case

Gary M. Berne, Stoll & Stoll, P. C., Portland, Or., for plaintiffs-appellants.

Gary L. Birnbaum, Mariscal, Weeks, McIntyre & Friedlander, P. A., Phoenix, Ariz., argued, for defendants-appellees; Jock Patton, Streich, Lang, Weeks & Cardon, Phoenix, Ariz., on the brief.

Before FLETCHER and POOLE, Circuit Judges, and HENDERSON, District Judge.

FLETCHER, Circuit Judge:

These are consolidated appeals from the district court's judgment dismissing plaintiffs' claims under Rule 10b-5 and various state blue sky laws, and granting summary judgment for defendants on plaintiffs' claim of breach of fiduciary duties. We conclude that the claims under Rule 10b-5 and the blue sky laws were properly dismissed, but that summary judgment on the claim of breach of fiduciary duties was improper.

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