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McCORMICK v. FUND AMERICAN COMPANIES, INC.

No. 92-16750.

26 F.3d 869 (1994)

William M. McCORMICK, Plaintiff-Appellant, v. The FUND AMERICAN COMPANIES, INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 20, 1994.

Attorney(s) appearing for the Case

John Van Der Tuin (argued), J. Robert Horton, Stults & Balber, P.C., New York City, and Marc B. Scott, Law Offices of Mark B. Scott, Sausalito, CA, on the brief, for plaintiff-appellant.

Philip P. Berelson, Brown & Bain, Palo Alto, CA, for defendant-appellee.

Before: FLETCHER, KOZINSKI and TROTT, Circuit Judges.

Opinion by Judge FLETCHER.

FLETCHER, Circuit Judge:

Plaintiff William M. McCormick appeals the dismissal of his claims on summary judgment. Between 1983 and 1989, McCormick was CEO of the Fireman's Fund Insurance Company (FFIC), a wholly-owned subsidiary of defendant Fund American Companies (FAC). When McCormick resigned from FFIC, he owned approximately 500,000 performance shares and option shares in FAC. The vesting period for these securities ran through...

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