MAYER v. ADAMS


167 A.2d 729 (1961)

Lillie S. MAYER, Plaintiff, v. Kenneth S. ADAMS, H. M. Addinsell, F. W. Begrisch, T. S. Gay, P. J. Parker, Paul Endacott, Rayburn L. Foster, A. M. Hughes, J. L. Johnston, W. W. Keeler, H. E. Koopman, Stanley Learned, C. R. Musgrave, Phillip R. Phillips, W. C. Smoot, B. F. Stradley, R. W. Thomas, G. P. Dimit, Don Emery, G. G. Oberfell, F. E. Rice, Charles A. Lemp, Eugene E. DuPont, Phillips Petroleum Company, Kenneth S. Adams, Jr., and Ada Oil Company, Inc., Defendants.

Court of Chancery of Delaware, New Castle.

January 31, 1961.


Attorney(s) appearing for the Case

Daniel O. Hastings and Clarence W. Taylor, of Hastings, Taylor & Willard, Wilmington, for plaintiff.

Robert H. Richards, Jr., and Stephen E. Hamilton, Jr., of Richards, Layton & Finger, Wilmington, for Phillips Petroleum Co. and all individual defendants other than Eugene E. DuPont, Charles A. Lemp and Kenneth S. Adams, Jr.

James M. Tunnell, Jr., and William S. Megonigal, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, and Vinson, Elkins, Weems & Searls, Houston, Tex., for defendant, Ada Oil Co., Inc.


MARVEL, Vice Chancellor.

On May 15, 1958, the Supreme Court of Delaware filed its mandate1 reversing the judgment2 of this Court which had granted motions to dismiss the complaint in toto on the grounds that plaintiff had failed to meet the procedural requirements of Rule 23(b) and remanded the cause. On July 3, 1958, an order vacating such judgment of dismissal was entered and various undisposed-of motions...

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