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GARTENBERG v. MERRILL LYNCH ASSET MANAGEMENT, INC.

No. 1155, Docket 83-7824.

740 F.2d 190 (1984)

Irving L. GARTENBERG, Plaintiff-Appellant, v. MERRILL LYNCH ASSET MANAGEMENT, INC., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Merrill Lynch & Co. and Merrill Lynch Ready Assets Trust, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 25, 1984.

Attorney(s) appearing for the Case

Stanley M. Grossman, New York City (Bruce G. Stumpf, Pomerantz, Levy, Haudek, Block & Grossman, New York City, of counsel) for plaintiff-appellant.

James K. Manning, New York City (A. Robert Pietrzak, Maria Patterson, Brown, Wood, Ivey, Mitchell & Petty, New York City, of counsel), for defendant-appellee Merrill Lynch Ready Assets Trust.

Stanley Godofsky, New York City (William P. Rogers, James N. Benedict, Mark Holland, New York City, of counsel), for defendants-appellees Merrill Lynch Asset Management, Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, and Merrill Lynch & Co.

Before FEINBERG, Chief Judge, MANSFIELD and KEARSE, Circuit Judges.

MANSFIELD, Circuit Judge:

Irving L. Gartenberg appeals from a judgment entered in the Southern District of New York (Milton Pollack, Judge) dismissing after a full trial on the merits his claim that the defendants violated their fiduciary duty as investment advisers of a registered investment company subject to § 36(b) of the Investment Company Act of 1940, 15 U.S.C. § 80a-35(b),1 by charging an excessive advisory fee...

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