BENEDICT v. RUE

No. 17211.

260 F.2d 97 (1958)

Paul B. BENEDICT, Appellant, v. Matthew L. RUE, Appellee.

United States Court of Appeals Fifth Circuit.

October 24, 1958.


Attorney(s) appearing for the Case

Thomas E. Skinner, Wilkinson & Skinner, Birmingham, Ala., E. Way Highsmith, Brunswick, Ga., Dan MacDougald, MacDougald, Feagin & Williams, Atlanta, Ga., for appellant.

Charles L. Gowen, Gowen, Conyers, Fendig & Dickey, John J. Gilbert, Bennet, Gilbert, Gilbert & Whittle, Brunswick, Ga., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and JONES, Circuit Judges.


HUTCHESON, Chief Judge.

Brought by appellant, plaintiff below, a stockholder in the Brunswick Peninsula Corporation, against the defendant, its president and general manager, the suit was for the true value of plaintiff's stock at the time same was purchased by defendant from plaintiff and for an accounting for the profits received by the defendant as a result of a breach of fiduciary duty to plaintiff.

The claim was (1) that, both because of his official...

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