Kalish v. Franklin Advisers, Inc.

This is an appeal from an order and a final judgment of the United States District Court for the Southern District of New York, Haight, J. Plaintiffs appeal from (1) the Memorandum Opinion and Order dated February 29, 1988 striking plaintiffs’ jury demand, and (2) the final judgment entered by the district court dismissing the complaint brought pursuant to section 36(b) of the Investment Company Act. 742 F.Supp. 1222 (S.D.N.Y.1990). Plaintiffs claimed that Franklin Advisers breached its fiduciary duty by exacting an exorbitant fee. In its final judgment the district court found that…