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ROSENTHAL v. BURRY BISCUIT CORPORATION

209 A.2d 459 (1949)

Richard L. ROSENTHAL, Plaintiff, v. BURRY BISCUIT CORPORATION, a Delaware Corporation and George W. Burry, Defendants. Pauline P. MARTIN, Plaintiff, v. BURRY BISCUIT CORPORATION, a Delaware Corporation and George W. Burry, Defendants.

Court of Chancery of Delaware, New Castle.

March 29, 1949.

Attorney(s) appearing for the Case

Arthur G. Logan, of Logan, Duffy & Boggs, Wilmington, for plaintiffs Richard L. Rosenthal and Pauline P. Martin.

John J. Morris, Jr., and Howard L. Williams, of Hering, Morris, James & Hitchens, Wilmington, for defendants.

SEITZ, Vice-Chancellor:

The legal preliminaries to the present difficulty are set forth in Rosenthal v. Burry Biscuit Corporation, 30 Del.Ch. 299, 60 A.2d 106.

The problem now presented in both of the above captioned matters is essentially the same. Plaintiffs have moved for judgment on the pleadings in both cases. Defendants, as a part of each answer, have set forth that the option which is under attack in these actions has been cancelled. Consequently, for...

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