Legal Opinion

John R. Wilver and C. W. Holmes v. Gerda Wootten Fisher

Court of Appeals for the Tenth Circuit

Decided December 15, 1967No. 9463_1PublishedCited by 25 opinions

1Opinion of the Court

BREITENSTEIN, Circuit Judge.

In 1962 appellee-plaintiff brought a stockholder’s derivative suit against the appellants-defendants. Among other things the complaint charged that defendant Wilver, the president of the company, had breached his fiduciary obligations to the company by individually dealing in oil and gas properties with funds loaned to him by the corporation and that defendant Holmes, a director of the company, had participated in and profited from Wilver’s dealings. Wilver’s answer to the complaint alleges that the plaintiff is estopped to maintain the action and that the action…

2Cases cited2 opinions

  1. La Buy v. Howes Leather Co.Supreme Court of the United States · 1957
  2. Rachel Lynn Bell, a Minor, by Mrs. Odessa K. Bell, Her Mother, Etc. v. School City of Gary, IndianaCourt of Appeals for the Seventh Circuit · 1963

3Cited by25 opinions

  1. Victor Decosta v. Columbia Broadcasting System, Inc.Court of Appeals for the First Circuit · 1975
  2. Tpo, Incorporated v. Hon. Thomas R. McMillenCourt of Appeals for the Seventh Circuit · 1972
  3. Cockrell v. World's Finest Chocolate Co., Inc.Supreme Court of Alabama · 1977
  4. Madrigal Audio Laboratories, Inc., Cross-Appellant v. Cello, Ltd., and Mark Levinson, Cross-AppelleesCourt of Appeals for the Second Circuit · 1986
  5. Press v. Forest Laboratories, Inc.District Court, S.D. New York · 1968

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