AUERBACH v. CITIES SERVICE COMPANY


129 A.2d 774 (1957)

Elias AUERBACH, Plaintiff, and C. Perry King, Plaintiff-intervenor, v. CITIES SERVICE COMPANY, and Arkansas Fuel Oil Corporation, Defendants.

Court of Chancery of Delaware, New Castle.

March 8, 1957.


Attorney(s) appearing for the Case

Russell J. Willard, Jr., Wilmington, for plaintiff.

Percival E. Jackson, New York City, and Richard F. Corroon, Wilmington, for plaintiff-intervenor.

Joseph L. Weiner, New York City, and Eugene R. Sullivan (of Frueauff, Farrell, Shanley & Johnsen), New York City, and Henry M. Canby, Wilmington, for defendant, Cities Service Co.

Howard L. Williams, Wilmington, for defendant, Arkansas Fuel Oil Corp.


MARVEL, Vice Chancellor.

Plaintiff,1 who claims to have been a stockholder since 1945 of what is now Arkansas Fuel Oil Corporation, complains that at various times since 1945 Cities Service Company has dominated its subsidiary, Arkansas Fuel Oil Corporation,2 to the latter's financial detriment. Plaintiff sues derivatively and prays for an order directing Cities to account to Arkansas for moneys allegedly gained...

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