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LERMAN v. DIAGNOSTIC DATA, INC.

421 A.2d 906 (1980)

Henry LERMAN, Plaintiff, v. DIAGNOSTIC DATA, INC., a Delaware Corporation, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided September 23, 1980.

Attorney(s) appearing for the Case

David A. Drexler and Lawrence A. Hamermesh of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiff.

Bruce M. Stargatt and Jack B. Jacobs of Young, Conaway, Stargatt & Taylor, Wilmington, for defendant.

BROWN, Vice Chancellor.

This is an action brought by a dissident shareholder who, along with others, is attempting to wage a proxy contest so as to elect a slate of directors in opposition to those nominated for the board by management. As a result of certain amendments to the defendant corporation's by-laws which were accomplished after incumbent management was on notice of plaintiff's intention to wage a proxy contest, it has now become impossible for the plaintiff...

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