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CAMPBELL v. LOEW'S INCORPORATED

134 A.2d 565 (1957)

Ralph B. CAMPBELL, Plaintiff, v. LOEW'S Incorporated, a Delaware corporation, Joseph R. Vogel, William A. Parker, George L. Killion and John L. Sullivan, Defendants.

Court of Chancery of Delaware, New Castle.

September 3, 1957.

Attorney(s) appearing for the Case

Henry M. Canby (of Richards, Layton & Finger) and Arthur G. Logan and Aubrey B. Lank (of Logan, Marvel, Boggs & Theisen), Wilmington, and Milton S. Pollack, New York City, for plaintiff.

David F. Anderson (of Berl, Potter & Anderson), Wilmington, and Louis Nizer (of Phillips, Nizer, Benjamin & Krim), New York City, and Benjamin Melniker, New York City, for corporate defendant.

The individual defendants have not yet appeared.

SEITZ, Chancellor.

Plaintiff, a stockholder of Loew's Incorporated ("Loew's" or "corporation"), here sues the corporation and four of its nine encumbent directors. The four constitute the so-called "Vogel faction". The other five directors, there being four vacancies, constitute the so-called "Tomlinson faction". See Tomlinson v. Loew's, Inc., Del., 134 A.2d 518 (appeal pending). The two...

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