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ADAMS v. WILLIAMS & CO.

152 A.2d 112 (1959)

Ernestine M. ADAMS et al., Milton W. Amster et al., Petitioners, v. R. C. WILLIAMS & COMPANY, Inc., a New York corporation, Defendant.

Court of Chancery of Delaware, New Castle.

May 22, 1959.

Attorney(s) appearing for the Case

Andrew B. Kirkpatrick, Jr. (of Morris, Nichols, Arsht & Tunnell), Wilmington, and Arthur Sullivan (of Morris, James, Hitchens & Williams), Wilmington, each representing certain petitioners.

James T. McKinstry (of Richards, Layton & Finger), Wilmington, and Thomas W. Kelly and Clifford B. Storms (of Breed, Abbott & Morgan), New York City, for defendant.

SEITZ, Chancellor.

Pursuant to 8 Del.C. § 262 this court appointed an appraiser to determine the value of the shares of certain stockholders who dissented from a merger. After the discovery proceedings had been completed and on the eve of the trial before the appraiser, the petitioning stockholders filed an appropriate pleading asking the appraiser to request authority from the court to retain an independent expert, at the corporation's expense, to appraise each...

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