SOUTHERN PRODUCTION CO. v. SABATH

No. 3 November Session, 1951.

87 A.2d 128 (1952)

SOUTHERN PRODUCTION CO., Inc. v. SABATH et al.

Supreme Court of Delaware.

March 12, 1952.


Attorney(s) appearing for the Case

Edwin D. Steel, Jr., and William S. Megonigal, Jr., of Morris, Steel, Nichols & Arsht, of Wilmington, for appellant.

John VanBrunt, Jr., of Killoran & VanBrunt, of Wilmington, for appellees.

SOUTHERLAND, C. J., and WOLCOTT and TUNNELL, JJ., sitting.


SOUTHERLAND, Chief Justice.

The appeal presents two questions:

First, is the appeal moot by reason of the fact that the transfer agent of the surviving corporation, pending the litigation, issued to the petitioning stockholders shares of stock of the surviving corporation in accordance with the provisions of the merger agreement?

Second, if the case is not moot, was the Chancellor correct in dismissing the petition over the objection of the corporation...

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