Krinsk v. Fund Asset Management, Inc.

OPINION

WALKER, District Judge:

Index to the Opinion

Introduction. 475

I. Background. 476

A. The CMA Program. 476

B. Merrill Lynch & Co. and its Affiliates. 478

C. Fees Paid by the Fund and its Shareholders. 478

L The Service Fee.. 479

2. The Advisory Fee. 479

3. The 12b-l Payments. 479

D. The Trustees . 479

L Information Available to the Trustees. 479

2. Consideration of the Advisory Fee .... 481

E. The 12b-l Plan. 482

T. Adoption oI the Plan. 482

2. Continuation of ttuTPlan. 484

II. The Law. 485

III. Findings And Conclusions as to the § 36(b) Claims Introduction — The Fund as a Component of the CMA Program.…