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BRAASCH v. MANDEL

172 A.2d 271 (1961)

Herbert BRAASCH, Plaintiff Below, Appellant, and Irving L. Tallman, Sophie Tallman, Nathan Turkin and Sandra Turkin, Movants Below, Appellants, v. Edwin F. MANDEL, Frank E. Mandel, Fred L. Mandel, Jr., Leon Mandel, Carolina Panerai Mandel, William M. Redfield, Harry E. Stoll and Mandel Brothers, Inc., Defendants Below, Appellees.

Supreme Court of Delaware.

June 14, 1961.

Attorney(s) appearing for the Case

William E. Taylor, Jr., Wilmington, for appellants.

Richard F. Corroon and Hugh Corroon, of Berl, Potter & Anderson, Wilmington, for appellees, Alex Elson, Chicago, Ill., of counsel.

SOUTHERLAND, Chief Justice, WOLCOTT, Justice, and STIFTEL, Judge, sitting.

WOLCOTT, Justice.

This is an opinion on a motion to dismiss an appeal taken from two orders of the Vice-Chancellor entered in the above cause.

Herbert Braasch, a stockholder of Mandel Brothers, Inc., (hereinafter Mandel) filed a derivative action on behalf of himself and other stockholders against certain officers and directors of Mandel.

The complaint alleged that in August, 1960, Mandel sold all its assets...

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