HAUTH v. GIANT PORTLAND CEMENT CO.


96 A.2d 233 (1953)

HAUTH v. GIANT PORTLAND CEMENT CO. et al.

Court of Chancery of Delaware, New Castle.

April 15, 1953.


Attorney(s) appearing for the Case

James R. Morford and William Marvel (of Morford, Bennethum & Marvel, Wilmington, and Leo Brady (of Gordon, Brady, Caffrey & Keller), New York City, for plaintiff.

David F. Anderson (of Berl, Potter & Anderson), Wilmington, and A. O. Dawson (of Dorr, Hand & Dawson), New York City, for defendants.


BRAMHALL, Vice Chancellor.

Plaintiff sought to enjoin defendant corporation and certain of its officers and directors from proceeding with the election of directors at the annual meeting of stockholders. Plaintiff alleged in his complaint that he had been a member of the board of directors of defendant corporation since 1941; that he had always been elected as a result of management proxies mailed to stockholders; that the proxies were in the form of general powers...

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