D & J Tire, Inc. v. Hercules Tire & Rubber Co.

PRADO, Circuit Judge:

D & J Tire Inc. (“Appellant”) appeals the district court’s grant of summary judgment in favor of Hercules Tire & Rubber Company and Lawrence B. Seawell, a Hercules officer (collectively, “Appellees”). Appellant, a former Hercules minority shareholder, sued Appellees for breach of fiduciary duty arising out of Seawell’s failure to disclose that Hercules was in talks to be acquired by FdG Associates (“FdG”) when Seawell served as a mandatary on Appellant’s behalf to redeem Appellant’s shares, and that Hercules is vicariously liable for Seawell’s breach. Appellant also…