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MAYER v. ADAMS

141 A.2d 458 (1958)

Lillie S. MAYER, Plaintiff, v. Kenneth S. ADAMS, H. M. Addinsell, F. W. Begrisch, T. S. Gay, P. J. Parker, Paul Endacott, Rayburn L. Foster, A. M. Hughes, J. L. Johnston, W. W. Keeler, H. E. Koopman, Stanley Learned, C. R. Musgrave, Phillip R. Phillips, W. C. Smoot, B. F. Stradley, R. W. Thomas, G. P. Dimit, Don Emery, G. G. Oberfell, F. E. Rice, Charles A. Lemp, Eugene E. du Pont, Phillips Petroleum Company, Kenneth S. Adams, Jr. and Ada Oil Company, Inc., Defendants.

Supreme Court of Delaware.

Rehearing Denied May 15, 1958.

Attorney(s) appearing for the Case

Clarence W. Taylor and Stewart Lynch, of Hastings, Lynch & Taylor, of Wilmington, for appellant.

Robert H. Richards, Jr., and Stephen E. Hamilton, Jr., of Richards, Layton & Finger, of Wilmington, for appearing appellees other than Ada Oil Company, Inc.

Edwin D. Steel, Jr. and Andrew B. Kirkpatrick, Jr., of Morris, Steel, Nichols & Arsht, of Wilmington, for appellee Ada Oil Company, Inc.

SOUTHERLAND, C. J., TERRY, President Judge, and CAREY, Judge, sitting.

SOUTHERLAND, Chief Justice.

The case concerns Rule 23(b) of the Rules of the Court of Chancery, Del.C. Ann. relating to stockholders' derivative suits. The second sentence of paragraph (b) provides:

"The complaint shall also set forth with particularity the efforts of the plaintiff to secure from the managing directors or trustees and, if necessary, from the shareholders such action as he desires, and the reasons...

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