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TREVES v. SERVEL, INC.

No. 6, 1959.

154 A.2d 188 (1959)

Gino TREVES, Peter G. Treves, Susan Brockman, Samuel 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 Below, Appellants, v. SERVEL, INC., a Delaware corporation, Duncan C. Menzies, J. Patrick Lannan, Hunter S. Marston, Henry Necarsulmer, H. Irving Pratt, W. F. Rockwell, Jr., Louis Ruthenburg, A. Lightfoot Walker and John H. Wall, Defendants Below, Appellees.

Supreme Court of Delaware.

July 13, 1959.

Attorney(s) appearing for the Case

Irving Morris, of Cohen & Morris, Wilmington, for appellants. Milton S. Gould, of Gallop, Climenko & Gould, New York City, and Benedict Wolf, of Wolf, Popper, Ross, Wolf & Jones, New York City, of counsel.

Aaron Finger, of Richards, Layton & Finger, Wilmington, for Servel, Inc.

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

WOLCOTT, Justice.

This is an appeal from a portion of an order of the Vice-Chancellor awarding out-of-pocket expenses and counsel fees to plaintiffs' attorneys in the amount of $2500.

The action was a class action brought by certain preferred stockholders of Servel, Inc., to compel payment of dividend arrearages on Servel's preferred stock and compliance with sinking fund provisions of its charter for the annual retirement of a certain number of shares of...

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