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KRANTZ v. FIDELITY MANAGEMENT & RESEARCH CO.

No. CivA 98-11988-PBS.

98 F.Supp.2d 150 (2000)

Richard T. KRANTZ, Plaintiff, v. FIDELITY MANAGEMENT & RESEARCH, COMPANY, Fidelity Distributors Corporation, and FMR Corp., Defendants.

United States District Court, D. Massachusetts.

May 31, 2000.

Attorney(s) appearing for the Case

Susan E. Stenger, Perkins, Smith & Cohen, Boston, MA, Jeffrey M. Haber, Joel C. Feffer, Stuart D. Wechsler, Wechsler, Harwood, Halebian & Feffer, LLP, New York City, for Richard T. Krantz, plaintiff.

James S. Dittmar, David A. Forman, Hutchins, Wheeler & Dittmar, Boston, MA, for Fidelity Management & Research Company, defendant.

MEMORANDUM AND ORDER

SARIS, District Judge.

I. Introduction

Plaintiff Richard T. Krantz, a shareholder in two Fidelity mutual funds, claims that the directors are under the control of the investment adviser in violation of §§ 10(a), 15(c) and 36(a) of the Investment Company Act of 1940 (the "ICA" or the "Act"), as amended, 15 U.S.C. §§ 80a-1 et seq., and that the investment adviser's fees are excessive...

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