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TOMLINSON v. LOEW'S

135 A.2d 136 (1957)

Joseph TOMLINSON, Plaintiff Below, Appellant, v. LOEW'S Incorporated, a Delaware corporation, Defendant Below, Appellee, and Louis B. Mayer and Samuel Briskin, Defendants Below, Appellants, and Monroe Greenthal et al., Intervening Defendants Below, Appellees.

Supreme Court of Delaware.

October 12, 1957.

Attorney(s) appearing for the Case

Arthur G. Logan and Aubrey B. Lank, Wilmington, for appellants Louis B. Mayer and Samuel Briskin, and Henry M. Canby of Richards, Layton & Finger, Wilmington, for appellant Joseph Tomlinson.

David F. Anderson of Berl, Potter & Anderson, Wilmington, and Louis Nizer of Phillips, Nizer, Benjamin & Krim, New York City, for appellee Loew's Inc.

Clair J. Killoran of Killoran & Van Brunt, Wilmington, for appellees Monroe Greenthal, et al.

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

PER CURIAM.

Because of the imminence of a meeting of stockholders of Loew's Incorporated, called for October 15, 1957, and at the request of counsel for appellants, we advanced the argument in this Court to October 9.

This Court, upon examination of the provisions of the by-laws of Loew's Incorporated, is of the opinion that the last sentence of Article V, Section 2 of the by-laws, providing for the filling of vacancies on the Board of Directors by the directors...

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