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IN RE WESTERN AIRLINES

140 A.2d 777 (1958)

In the Matter of WESTERN AIRLINES, Inc.

Court of Chancery of Delaware, New Castle County.

April 22, 1958.

Attorney(s) appearing for the Case

Henry M. Canby, Wilmington, for petitioners, William S. Bartman, Gordon Y. Billard, Bartman Bros., a partnership, Bernard Citron, Louis A. Chase, Georges M. George, Percy L. Ross, Joseph D. Shane and Harden F. Taylor.

William S. Potter, Wilmington, for intervener, A. Evelyn Wynne.

C. J. Killoran, Wilmington and Hugh W. Darling, Los Angeles, Cal., for respondent Western Airlines, Inc.

MARVEL, Vice Chancellor.

Petitioners, who purport to be substantial stockholders of Western Airlines, Inc., seek an order under § 224 of Title 8 Del.C., summarily directing an election of directors of the respondent corporation. A rule to show cause having issued, the corporation by answer and affidavit concedes that it has not held an election of directors since April 1956 but contends that it is justified in not having called a meeting of stockholders for such...

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