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TREVES v. MENZIES

142 A.2d 520 (1958)

Gino TREVES, Peter G. Treves, Susan Brockman, Sumuel I. Posen, Hugo Bauer, James J. Duane, Jr., and Margaret W. Duane, doing business under the firm name and style of James J. Duane & Co. and Thomas B. Hand, Plaintiffs, v. Duncan C. MENZIES, J. Patrick Lannan, Hunter S. Marston, H. Irving Pratt, W. F. Rockwell, Jr., Louis Ruthenburg, A. Lightfoot Walker, Robert E. Walker and John H. Wall and Servel, Inc., a Delaware corporation, Defendants.

Court of Chancery of Delaware, New Castle.

June 11, 1958.

Attorney(s) appearing for the Case

Irving Morris, Wilmington, and Gallop, Climenko & Gould and Wolf, Popper, Ross, Wolf & Jones, New York City, for plaintiffs.

Aaron Finger, Wilmington, and Brown, Wood, Fuller, Caldwell & Ivey, New York City, for defendant, Servel, Inc.

MARVEL, Vice Chancellor.

Plaintiffs, who claim to own 1,660 shares of cumulative preferred stock of the defendant, Servel, Inc, out of 45,600 such shares issued and outstanding, have brought what they term a class action in which they primarily seek to have the Court enforce in their favor a charter provision which, according to plaintiffs' contentions, entitles them now to be paid the full preferential payment due on such...

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