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MAZZOTTI v. W. J. RAINEY, INC.

77 A.2d 67 (1950)

MAZZOTTI v. W. J. RAINEY, Inc., et al.

Court of Chancery of Delaware, New Castle.

November 30, 1950.

Attorney(s) appearing for the Case

James R. Morford and Edward W. Cooch, Jr., of Morford, Bennethum, Marvel & Cooch, Wilmington, for plaintiff.

C. S. Layton of Richards, Layton & Finger, Wilmington, and Earl F. Reed of Thorp, Bostwick, Reed & Armstrong, Pittsburgh, Pa., for defendants.

SEITZ, Vice Chancellor.

Plaintiff is a stockholder of the defendant Pennsylvania Industry, Inc. (hereinafter called "Industries"), a Delaware corporation. He has filed a derivative action seeking to recover for Industries, assets which he alleges were improperly diverted from it by the unlawful action of the individual defendants and the corporate defendants W. J. Rainey, Inc., a Delaware corporation, and Hecla Coal & Coke Company (hereinafter

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