In Re Evangelist

760 F.2d 27 (1st Cir. 1985)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P is a shareholder of Fidelity Cash Reserves. He sued Fidelity and its investment adviser under 15 U.S.C. § 80a-35(b), claiming that Fidelity was paying the adviser too large a fee. The district court ruled that P's claim was basically 'equitable,' not 'legal' in nature, and that P was not entitled to a trial before a jury. P sought a writ of mandamus to compel a jury trial.