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3697 A complaint filed by a limited partner against a general partner alleging that the general partner obtained a loan for the partnership at an excessive rate of interest but not alleging that the general partner thereby derived benefits at the expense of the partnership or its limited partners did not adequately plead breach of fiduciary duty; there is no action for "conspiracy" without additional facts that show a wrongful act that would support a cause of action without the conspiracy.
JONES v WELLS FARGO BANK (Excessive Interest) 112 CA4 1527 [See: FinC 1504; BTI v Equitable 75 CA4 1406, T/AT 12/99; Ess v Eskaton 97 CA4 120, T/AT 5/02; Lyons v Security Pacific 40 CA4 1001]
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