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ZEEB v. ATLAS POWDER CO.

No. 5 September Session 1951.

87 A.2d 123 (1952)

ZEEB v. ATLAS POWDER CO.

Supreme Court of Delaware.

March 6, 1952.

Attorney(s) appearing for the Case

H. James Conaway, Jr. (of Hering, Morris, James & Hitchens), of Wilmington, for appellant.

Richard F. Corroon (of Berl, Potter & Anderson), of Wilmington, for appellee.

WOLCOTT and TUNNELL, Justices, and HERRMANN, Judge, sitting:

WOLCOTT, Justice.

The appellant was a common stockholder of Darco Corporation which, on July 31, 1950, merged into Atlas Powder Company. In compliance with the requirements of Section 61 of the General Corporation Law, Rev.Code 1935, § 2093, Atlas thereafter filed a petition seeking a determination of Darco's objecting stockholders entitled to payment for their shares. Pursuant to the order entered upon the petition the appellant filed his claim and demanded...

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