IN RE EVANGELIST

No. 85-1015.

760 F.2d 27 (1985)

In re Frank J. EVANGELIST, Jr., Petitioner.

United States Court of Appeals, First Circuit.

Decided April 25, 1985.


Attorney(s) appearing for the Case

Richard M. Meyer, New York City, with whom Avram G. Hammer, Boston, Mass., and Milberg, Weiss, Bershad, Specthrie & Lerach, New York City, were on petition for writ of mandamus.

James S. Dittmar, Boston, Mass., with whom Gordon P. Katz, Leanne Berge and Widett, Slater & Goldman, P.C., Boston, Mass. (for Fidelity Management & Research Company), and Peter M. Saparoff and Gaston, Snow & Ely Bartlett, Boston, Mass. (for Fidelity Cash Reserves), were on brief in opposition for writ of mandamus.

Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and RE, Judge.


BREYER, Circuit Judge.

The petitioner, Frank Evangelist, is a shareholder of Fidelity Cash Reserves. He sued Fidelity and its investment adviser under 15 U.S.C. § 80a-35(b), claiming that Fidelity was paying the adviser too large a fee. The district court ruled that Evangelist's claim was basically "equitable," not "legal" in nature, and that Evangelist was therefore not entitled to a trial before a jury. Evangelist asks us to issue a writ of mandamus to compel...

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