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COYNE v. SCHENLEY INDUSTRIES, INC.

147 A.2d 647 (1958)

Maurice COYNE et al., Petitioners in Civil Action No. 1042, Caryl M. Curtis, Petitioner in Civil Action No. 1040, v. SCHENLEY INDUSTRIES, INC., a corporation of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle.

December 29, 1958.

Attorney(s) appearing for the Case

Caryl M. Curtis, Louis and Rita Freed, pro se.

Aaron Finger of Richards, Layton & Finger, Wilmington, for defendant, Schenley Industries, Inc.,

SEITZ, Chancellor.

Schenley Industries Incorporated ("Schenley"), the corporation resulting from a merger under 8 Del.C. § 253, has objected to the claim for an appraisal filed by Caryl M. Curtis. The sole ground of objection is that the written demand for payment was not made within the time permitted by 8 Del.C. § 253(e), which provides in part:

"* * * The notice [of recording of merger] shall be sent...

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