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PORTNOY v. MEMOREX CORP.

No. 79-4769.

667 F.2d 1281 (1982)

Leo P. PORTNOY, Plaintiff-Appellant, v. MEMOREX CORPORATION, a California corporation; Bank of America, a National Banking Association; and Bankamerica Foundation, a non-profit California corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 4, 1982.

Attorney(s) appearing for the Case

R. Barry Churton, Cooper, White & Cooper, San Francisco, Cal., for plaintiff-appellant.

Robert A. Padway, W. Reece Bader, San Francisco, Cal., argued, for defendants-appellees; Orrick, Herrington & Sutcliffe, San Francisco, Cal., on brief.

Before DUNIWAY, ANDERSON, and REINHARDT, Circuit Judges.

DUNIWAY, Circuit Judge:

In response to Portnoy's complaint, Bank of America N.T. & S.A. and Bankamerica Foundation moved for summary judgment, which was granted. Portnoy appeals, and we affirm.

I. The Question Presented.

Portnoy's complaint pleads a derivative claim on behalf of Memorex Corporation, of which he is a shareholder. He claims that the Bank and the Foundation are liable to Memorex...

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