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LANDAU v. BEST

187 A.2d 75 (1962)

Ely A. LANDAU and Oliver A. Unger, Appellants, v. Joseph BEST and Evelyn Best, Appellees, Leonard Davis and Philip L. Handsman, Appellees.

Supreme Court of Delaware.

December 13, 1962.

Attorney(s) appearing for the Case

Bruce M. Stargatt, of Morford, Young & Conaway, Wilmington, and J. M. Golenbock, of Golenbock & Barell, New York City, for appellants.

Robert H. Richards, Jr., of Richards, Layton & Finger, Wilmington, and Robert J. Ward, and David A. Drexler of Aranow, Brodsky, Bohlinger, Einhorn & Dann, New York City, for appellees.

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

SOUTHERLAND, Chief Justice.

This is a stockholder's derivative suit on behalf of National Theatres and Television Inc., a Delaware corporation. Plaintiffs below sought to compel the appearance of certain defendants by seizure of their property under the provisions of 10 Del.C. § 366, the so-called "sequestration statute". By order of the court a sequestrator was appointed to seize "shares of stock * * * and debentures" of National Theatre owned by defendants...

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