KRIEGER v. ANDERSON


182 A.2d 907 (1962)

Lester KRIEGER, Plaintiff-below, Appellant, v. Thomas D. ANDERSON, Theodore E. Swigart, Ernest T. Skinner, W. T. Carter, III, George R. Bryant, Dillon Anderson, John M. Bennett, Jr., John H. Blaffer, Rorick Cravens, Robert K. Hutchings, J. W. Link, Jr., Charles A. Perlizt, Jr., Lawrence S. Reed, Edward Rotan, Frank Strachan, Funds, Inc., and Texas Fund, Inc., Defendants-below, Appellees.

Supreme Court of Delaware.

June 7, 1962.


Attorney(s) appearing for the Case

Irving Morris, of Cohen & Morris, Wilmington, for appellant. Abraham L. Pomerantz and William E. Haudek, of Pomerantz, Levy & Haudek, New York City, of counsel.

Aaron Finger, of Richards, Layton & Finger, Wilmington for Thomas D. Anderson and others, appellees.

James M. Tunnell, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, for Ernest T. Skinner, W. T. Carter, III, and George R. Bryant, appellees.

William S. Potter, of Berl, Potter & Anderson, Wilmington, for Funds, Inc., appellee.

David W. Peck, Alfred Jaretzki, Jr., and Marvin Schwartz, of Sullivan & Cromwell, New York City, of counsel, for appellees.

SOUTHERLAND, C. J., WOLCOTT, J., and CAREY, Judge, sitting.


SOUTHERLAND, Chief Justice.

This is a suit by a minority stockholder of Texas Fund to recover from certain of the defendants profits alleged to have been illegally made.

The facts are fully set forth in the first opinion of the Chancellor, Del.Ch. 173 A.2d 626, to which reference is made for a detailed statement. For our present purpose they will be very briefly summarized.

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