Brock v. Baskin-Robbins USA

United States Court of Appeals Fifth Circuit F I L E D In the November 29, 2005 United States Court of Appeals Charles R. Fulbruge III for the Fifth Circuit Clerk _______________ m 04-40496 _______________ LARRY BROCK; ET AL., Plaintiffs, ALICE HIGGINS; WILLIAM HIGGINS; MIKE HIGGINS ENTERPRISES, INC.; KATHY PLUNKETT; CHARLES PLUNKETT; BILLY DAN ROLLING; ADDIE HALL; SCOTT RENEAU; DONNA RENEAU, Plaintiffs-Appellants, FLAVIO OLIVAREZ, Plaintiff- Counter Defendant- Appellant, VERSUS BASKIN-ROBBINS USA, CO.; BASKIN-ROBBINS INC., Defendants- Counter Claimants- Appellees. *************** BASKIN-ROBBINS INC., Plaintiff-Appellee, VERSUS CHARLES RONALD PLUNKETT; KATHY ELIZABETH PLUNKETT, Defendants-Appellants. _________________________ Appeal from the United States District Court for the Eastern District of Texas m 5:01-CV-77 ______________________________ Before DAVIS, SMITH, and DENNIS, portions of the record and have heard the ar- Circuit Judges. guments of counsel. We conclude that the dis- trict court did not err in deciding that defen- PER CURIAM:* dants did not commit an actionable breach of fiduciary duty in administering the fund. Nor The plaintiffs appeal an adverse judgment, was there error in denying leave to amend or partially resulting from a summary judgment in the various rulings on discovery or in any and partially from issues determined after a other aspect of the proceedings that is raised trial. Plaintiffs claim, inter alia, improper use on appeal. of monies in and from a trust fund intended for advertising. The judgment, accordingly, is AFFIRMED. We have reviewed the briefs and applicable * Pursuant to 5TH CIR. R. 47.5, the court has deter- mined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. 2