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IN RE TUFTS ELECTRONICS, INC.

No. 84-1359.

746 F.2d 915 (1984)

In re TUFTS ELECTRONICS, INC., Tufts Radio & Electronics, Inc., Debtor. Charles D. MARTIN, Appellant, v. Richard G. KAGAN, Appellee.

United States Court of Appeals, First Circuit.

Decided October 11, 1984.

Attorney(s) appearing for the Case

M. Robert Dushman, Boston, Mass., with whom Brown, Rudnick, Freed & Gesmer, Boston, Mass., was on brief, for appellant.

Jonathan Levin, Boston, Mass., with whom Davis, Malm & D'Agostine, Boston, Mass., was on brief, for appellee.

Before COFFIN, Circuit Judge, ALDRICH and COWEN, Senior Circuit Judges.

COFFIN, Circuit Judge.

Appellant Martin appeals from a judgment of the district court affirming the imposition of a constructive trust on property he owned in Hudson, New Hampshire. The district court concluded that appellant, as sole owner, president and director of the debtor corporation, breached his fiduciary duty to the corporation when he utilized corporate funds to purchase the New Hampshire property for himself rather than on behalf of the debtor. We disagree...

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