Gilda Ann Buchbinder v. Levon C. Register

KEITH, Circuit Judge.

This case presents a question of first impression under the Tennessee Uniform Contribution Among Tort-feasors Act, T.C.A. § 23-3101 et seq. (1968). We must decide whether the Tennessee legislature intended to prevent contribution by a joint tort-feasor who is not a fiduciary but who aided and abetted a fiduciary in the latter’s actions which breached the fiduciary relationship.

I

This controversy arises out of the creation of a trust by the appellant’s aunt, Sadie May Rosenheim, on the advice of her accountant. In August 1965, Sadie May and her husband, Ernest Rosenheim,…