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In re Evangelist
United States Court of Appeals for the First Circuit
760 F.2d 27 (1985)
- Written by Josh Lee, JD
Facts
Frank Evangelist (plaintiff) was a shareholder of Fidelity Cash Reserves. Evangelist sued Fidelity and its investment adviser, seeking damages based on excessive fees paid to the adviser under a theory of statutory breach of fiduciary duty. Evangelist also alleged a claim of misrepresentation. Evangelist sought a jury trial on all claims. The trial court dismissed the misrepresentation claim on summary judgment and determined that Evangelist was not entitled to a jury trial on the breach-of-fiduciary-duty claim because that claim was equitable in nature instead of legal. Evangelist sought a writ of mandamus requiring the trial court to provide a jury trial.
Rule of Law
Issue
Holding and Reasoning (Breyer, J.)
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