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D & J TIRE, INC. v. HERCULES TIRE & RUBBER CO.

No. 09-30275.

598 F.3d 200 (2010)

D & J TIRE, INC., Plaintiff-Appellant, v. HERCULES TIRE & RUBBER CO.; Lawrence B. Seawell, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 26, 2010.

Attorney(s) appearing for the Case

Gregory Brian Upton, Lottie L. Bash (argued), Stephen Alan LaFleur (argued), Gold, Weems, Bruser, Sues & Rundell, Alexandria, LA, for Plaintiff-Appellant.

Christine J. Lipsey (argued), McGlinchey Stafford, P.L.L.C., Baton Rouge, LA, for Defendants-Appellees.

Before HIGGINBOTHAM, GARZA and PRADO, Circuit Judges.

PRADO, Circuit Judge:

D & J Tire Inc. ("Appellant") appeals the district court's grant of summary judgment in favor of Hercules Tire & Rubber Company and Lawrence B. Seawell, a Hercules officer (collectively, "Appellees"). Appellant, a former Hercules minority shareholder, sued Appellees for breach of fiduciary duty arising out of Seawell's failure to disclose that Hercules was in talks to be acquired by FdG Associates ("FdG") when Seawell served...

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