Dwyer v. Tracey

LA BUY, District Judge.

The court has considered the briefs of the parties filed in connection with defendant’s motion to dismiss the complaint for failure to state a claim upon which relief can be granted. Without relating in detail the allegations of the four counts of the complaint, the gist of the complaint is that defendant, as an officer and director of debtor corporation breached his duty as fiduciary and trustee to the debtor corporation and its stockholders, and derived personal advantage and profit at the expense of the debtor corporation in that (1) defendant and Curtis Franklin,…