Defenbacher v. Walker

ROCHE, Chief Judge.

This is an action for fraud in which the plaintiffs seek damages, an accounting and other relief for the alleged violation of a fiduciary relationship by the defendant Kenneth R. Walker during the course of certain timber transactions. Defendants deny that Kenneth R. Walker was such a fiduciary and contend that, even if he were, plaintiffs waived the alleged fraud. For an *2understanding of the problem a rather detailed review of the facts, as disclosed by the record, is necessary.

Plaintiffs, Minnesota citizens, and Kenneth R. Walker, a California citizen, are descendants of…