Legal Opinion
In Re Frank J. Evangelist, Jr.
Court of Appeals for the First Circuit
Decided April 25, 1985No. 85-1015PublishedCited by 53 opinions
1Opinion of the Court
BREYER, Circuit Judge.
The petitioner, Frank Evangelist, is a shareholder of Fidelity Cash Reserves. He sued Fidelity and its investment adviser under 15 U.S.C. § 80a-35(b), claiming that Fidelity was paying the adviser too large a fee. The district court ruled that Evangelist’s claim was basically “equitable,” not “legal” in nature, and that Evangelist was therefore not entitled to a trial before a jury. Evangelist asks us to issue a writ of mandamus to compel a jury trial. Dairy Queen, Inc. v. Wood, 369 U.S. 469, 472, 82 S.Ct. 894, 897, 8 L.Ed.2d 44 (1962); Beacon Theatres, Inc. v. Westover,…
2Cases cited20 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
- Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
- Curtis v. LoetherSupreme Court of the United States · 1974
- Ross v. BernhardSupreme Court of the United States · 1969
15 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- United States v. Clayton Fountain, Thomas E. Silverstein, and Randy K. GometzCourt of Appeals for the Seventh Circuit · 1985
- James P. Crews v. Central States, Southeast and Southwest Areas Pension FundCourt of Appeals for the Sixth Circuit · 1986
- Liquidation Trust of Hechinger Investment Co. of Delaware, Inc. v. Fleet Retail Finance Group (In Re Hechinger Investment Co.)District Court, D. Delaware · 2005
- Bogosian v. Woloohojian Realty Corp.Court of Appeals for the First Circuit · 2003
- In Re Lawrence B. LockwoodCourt of Appeals for the Federal Circuit · 1995
48 more not listed; retrieve them via the Exa API.