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SMITH v. GOOD MUSIC STATION

129 A.2d 242 (1957)

Lawrence M. C. SMITH, Plaintiff, v. The GOOD MUSIC STATION, Inc., M. Robert Rogers, Theresa S. Rogers, Pierson Underwood, Elisabeth K. Underwood, and RKO Teleradio Pictures, Inc., Defendants.

Court of Chancery of Delaware, New Castle.

January 30, 1957.

Attorney(s) appearing for the Case

Henry M. Canby, of Richards, Layton & Finger, Wilmington, and Lucien Hilmer, Washington, D. C., for plaintiff.

Herbert L. Cobin, Wilmington, and Monroe Oppenheimer, Washington, D. C., for defendants Good Music Station, Inc., M. Robert Rogers, Theresa S. Rogers, Pierson Underwood, and Elisabeth K. Underwood.

S. Samuel Arsht, of Morris, Steel, Nichols & Arsht, Wilmington, for defendant RKO Teleradio Pictures, Inc.

SEITZ, Chancellor.

Plaintiff, a minority stockholder of the defendant, The Good Music Station, Inc., ("GMS") seeks to enjoin or rescind a sale of its assets to the corporate defendant, RKO Teleradio Pictures, Inc. ("RKO"). The individual defendants are directors of GMS and along with plaintiff form the entire board. Plaintiff seeks other relief against GMS and the individual directors.

This is the decision after final hearing.

This is a "different...

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