PALMER v. U.S. SAVINGS BANK OF AMERICA

No. 88-181.

131 N.H. 433 (1989)

ANSELL W. PALMER & a. v. U.S. SAVINGS BANK OF AMERICA & a.

Supreme Court of New Hampshire.

February 6, 1989.


Attorney(s) appearing for the Case

Hamblett & Kerrigan P.A., of Nashua (John P. Griffith & a. on the brief, and Mr. Griffith orally), for the plaintiffs.

McLane, Graf, Raulerson & Middleton P.A., of Manchester (Bruce W. Felmly and Wilbur A. Glahn, III, on the brief, and Mr. Glahn orally), for defendant Joseph Fanaras, filed joint brief and argued orally on behalf of all defendants.

Devine, Millimet, Stahl & Branch P.A., of Manchester, for defendant U.S. Savings Bank of America.

Shaines & McEachern, of Portsmouth, for defendant Richard K. Parker, Jr.

Brown and Lapointe, of Exeter, for defendants Jeffrey Breiseth, Charles Mutrie, and James N. Walsh.

Aeschliman & Tober, of Portsmouth, for defendants Charles Keenan, Kenneth Malcolm, and Theresa Sparks.


JOHNSON, J.

The plaintiffs, Ansell W. Palmer, Frederick W. Lowell, Roberta W. Young and Thomas T. Hodge, appeal from an order of the Superior Court (Gray, J.) dismissing the derivative action they brought on behalf of the U.S. Savings Bank of America (the Bank). The action, which alleges breach of fiduciary duties by the defendant directors of the Bank, Joseph Fanaras, Richard K. Parker, Jr., Jeffrey Breiseth, Charles Mutrie, Kenneth Malcolm, Paul McInnis,...

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