AMERICAN FREEDOM TRAIN FOUND. v. SPURNEY

No. 84-1438.

747 F.2d 1069 (1984)

The AMERICAN FREEDOM TRAIN FOUNDATION, etc., Plaintiff, Appellant, v. Peter L. SPURNEY, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 8, 1984.


Attorney(s) appearing for the Case

Patrick W. Crowley, Seattle, Wash., with whom Charles R. Lonergan, Jr., Raymond H. Siderius, Siderius, Lonergan & Crowley, Seattle, Wash., Desmond Sullivan, Peter Sultan, and Hoag & Sullivan, Boston, Mass., were on brief, for plaintiff, appellant.

John J. Curtin, Jr., Boston, Mass., with whom Robert E. McDonnell, Bingham, Dana & Gould, Harvey Weiner, Peabody & Arnold, Boston, Mass., Robert T. Johnson, D. Scott Hargadon, and Bell, Boyd & Lloyd, Chicago, Ill., were on brief, for defendants, appellees Thomas Allsopp, Vincent C. Burke, Jr., John C. Cornelius, William S. Field, J.J. MacDonald, George A. Peapples, and Alan M. Pottash.

Harvey Weiner, Boston, Mass., with whom Peabody & Arnold, John J. Curtin, Jr., Robert E. McDonnell, Bingham, Dana & Gould, Boston, Mass., Robert T. Johnson, D. Scott Hargadon, and Bell, Boyd & Lloyd, Chicago, Ill., were on brief, for defendants, appellees H. Keith Ridgway, and Gordon Edwards.

John Wall, Harry C. Mezer, and Cullen & Wall, Boston, Mass., were on brief, for defendant, appellee Howard S. Epstein.

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


COWEN, Senior Circuit Judge.

This is an appeal from a judgment of the district court, which dismissed appellant's (plaintiff's) complaint on the ground that the court lacked jurisdiction. Plaintiff is the receiver of The American Freedom Train Foundation, Inc. (AFTF), a dissolved Massachusetts charitable corporation. The receiver brought this action against AFTF's former officers and directors (defendants) seeking to recover damages stemming from an alleged breach...

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