Sutton v. Eastern Viavi Co.

LINDLEY, District Judge.

Appellants, beneficiaries of a trust, sued the trustee and appellee, charging misapplication of trust funds by the trustee and praying restoration thereof. The only reference to appellee was that contained in two paragraphs of the complaint as follows:

“C-4 Recently plaintiffs have seen sundry letters, that were written by Perry L. Hole, (the trustee) wherein he has stated that he has been keeping the accounts of said Cummings Family Trust, upon the financial records of the defendant Eastern Viavi Company, a corporation, and has mingled for some years, the funds of said…