Nichols-Morris Corporation v. Robert E. Morris

SWAN, Circuit Judge.

Plaintiff sued its president for breaches of fiduciary duty. Federal jurisdiction rests on diversity of citizenship. The first three counts of the complaint sought money damages, the fourth sought an accounting of profits and an injunction against further raids on plaintiff's business. The case was tried by Judge Weinfeld without a jury. He wrote an opinion awarding plaintiff $23,-500, with interest from October 3, 1956, on the first three causes of action; the fourth count was dismissed on the merits in a separate paragraph of the judgment for plaintiff. The judgment was…