Nixon v. Wilmington Trust Co.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Marjorie Nixon appeals the district court’s dismissal pursuant to Rule 12(b)(6) of her claims for breach of fiduciary duty, breach of contract, and respondeat superi- or liability against Wilmington Trust. We AFFIRM.

I

In July 2003, Wilmington Trust Company, as trustee, and Symphonix, as settlor, established the Symphonix Devices, Inc., Liquidating Trust Agreement. The Trust Agreement specifically describes “Beneficiaries” as persons that fall into one of two categories: 1) “creditors listed pursuant to Section 5 of the [Plan of Dissolution and…