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United States First Circuit


HERSHEY v. DONALDSON, LUFKIN & JENRETTE SECS. CORP., 02-1316

Claims of breach of fiduciary duty under Ohio law arising from the sale of a corporation are rejected where 1) facts cannot support an assertion of some special trust in a CEO, and 2) a controlling shareholder has not demonstrated any personal injury suffered.

Appellate Information

  • Decided 01/17/2003
  • Published 01/17/2003

Judges

  • TORRUELLA, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • John D. Hanify, with whom Kathleen E. Cross, David C. Kravitz, and Hanify & King, were on brief, for appellant.

  • For Appellees:
  • John J. Curtin, Jr., with whom Timothy P. Burke, Alicia L. Downey, and Bingham McCutchen LLP, were on brief, for appellees.
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