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KRINSKY v. HELFAND

156 A.2d 90 (1959)

Berdye KRINSKY, Appellant, v. Sarah H. HELFAND, Plaintiff-Below, Appellee, and A. S. Gambee et al., Defendants-Below, Appellees.

Supreme Court of Delaware.

November 13, 1959.

Attorney(s) appearing for the Case

Russell J. Willard, Jr., of Hastings, Taylor & Willard, Wilmington, for appellant, Berdye Krinsky.

Milton Paulson, New York City, and Irving Morris, of Cohen & Morris, Wilmington, for appellee, Sarah H. Helfand.

James M. Tunnell, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, for appellee, E. C. Rhoden, Joseph J. Kelly, Jr., of Spencer, Fane, Britt & Browne, Kansas City, Mo., of counsel.

William S. Potter, of Berl, Potter & Anderson, Wilmington, for appellees, National Theatres Inc., and Fox Midwest Theatres, Inc.

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

WOLCOTT, Justice.

This is a stockholder's derivative action on behalf of National Theatres Inc., and its wholly-owned subsidiary, Fox Midwest Theatres, Inc. Both corporate defendants moved to dismiss the original complaint or, in the alternative, for a more definite statement. Inter alia, the motion to dismiss was based upon the Delaware three-year statute of limitations.

In December, 1957, the Vice-Chancellor...

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