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AUERBACH v. CITIES SERVICE COMPANY

134 A.2d 846 (1957)

Elias AUERBACH, Appellant, Plaintiff below, and C. Perry King, Appellant, Plaintiff-Intervenor below, v. CITIES SERVICE COMPANY, and Arkansas Fuel Oil Corporation, Appellees, Defendants below.

Supreme Court of Delaware.

October 11, 1957.

Attorney(s) appearing for the Case

Russell J. Willard, Jr. (of Hastings, Lynch & Taylor), and Richard F. Corroon (of Berl, Potter & Anderson), Wilmington, and Percival E. Jackson and Theodore N. Tarlau, New York City, for appellants.

Caleb S. Layton and Henry M. Canby (of Richards, Layton & Finger), Wilmington, and Joseph L. Weiner, Eugene R. Sullivan, and Everett W. Young, New York City, for appellant Cities Service Co.

Howard L. Williams (of Morris, James, Hitchens & Williams), Wilmington, and H. C. Walker, Jr. (of Blanchard, Goldstein, Walker & O'Quin), Shreveport, La., for appellee Arkansas Fuel Oil Corp.

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

For Supplemental Opinion see 136 A.2d 219.

SOUTHERLAND, Chief Justice.

This is a minority stockholder's derivative suit against Cities Service Company (herein "Cities") on behalf of Arkansas Fuel Oil Corporation (herein "Arkansas"), formerly Arkansas Natural Gas Corporation, a subsidiary of Cities. The suit seeks an accounting for wrongs or irregularities alleged to have occurred...

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