Legal Opinion

Branzan Alternative Investment Fund, LLLP v. Bank of New York Mellon Trust Co.

Court of Appeals for the Tenth Circuit

Decided February 17, 2017No. 16-1068UnpublishedCited by 1 opinion

1Opinion of the Court

ORDER AND JUDGMENT *

Harris L Hartz Circuit Judge

Branzan Alternative Investment Fund, LLLP appeals from the dismissal of its putative class-action claims against The Bank of New York Mellon Trust Company, N.A. (Trustee) for failure to comply with the procedural requirements for derivative claims. Branzan was an investor in units of the Eastern American Natural Gas Trust (the Trust). It claims that Trustee breached the terms of the trust agreement that governed liquidation of the Trust by, among other things, selling Trust assets without first obtaining an appraisal. 1 Exercising jurisdiction…

2Cases cited4 opinions

  1. Rales v. Blasband Ex Rel. Easco Hand Tools, Inc.Supreme Court of Delaware · 1993
  2. Tooley v. Donaldson, Lufkin, & Jenrette, Inc.Supreme Court of Delaware · 2004
  3. El Paso Pipeline GP Company, LLC v. BrinckerhoffSupreme Court of Delaware · 2016
  4. Pikk v. PedersenCourt of Appeals for the Tenth Circuit · 2016

3Cited by1 opinion

  1. WATKINS v. HAMMCourt of Civil Appeals of Oklahoma · 2017

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