United States Tenth Circuit

In a suit alleging that Bank of America breached its fiduciary duty to plaintiff as trustee of a trust created in 1948 to administer a New Mexico oil and gas lease, dismissal of the complaint is affirmed in part as to a conclusion that the bank does not and never has served as trustee on plaintiff's behalf, where the trust did not survive the death of its original trustee. However, the district court's judgment that it need not conclusively find whether the bank acted adversely to plaintiff's interest in specific transactions is reversed and remanded for consideration of his request for an accounting and imposition of a constructive trust.

Appellate Information

• Decided 02/22/2007
• Published 02/23/2007

Judges

• McCONNELL, Circuit Judge., Before HARTZ, O'BRIEN, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Martin E. Threet, (Joey B. Wright, with him on the brief) Martin E. Threet & Associates, Albuquerque, NM, for Plaintiff-Appellant.


• For Appellees:
  
• Joseph W. Halpern (Bradford C. Berge and Trent A. Howell, Holland & Hart, LLP, Santa Fe, NM, with him on the briefs), Holland & Hart LLP, Denver, CO, for Defendant-Appellee.