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STAUFFER v. STANDARD BRANDS INCORPORATED

187 A.2d 78 (1962)

Joseph S. STAUFFER and Annabelle Stauffer, Appellants, v. STANDARD BRANDS INCORPORATED, a Delaware corporation, Michael J. English, Joseph H. Hoyt, Ralph J. Lisman, Joel S. Mitchell, and Henry Weigl, Appellees.

Supreme Court of Delaware.

December 14, 1962.

Attorney(s) appearing for the Case

Alexander L. Nichols and Richard H. Allen, of Morris, Nichols, Arsht & Tunnell, Wilmington, for appellants.

Richard F. Corroon, Berl Potter & Anderson, Wilmington, for appellees.

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

SOUTHERLAND, Chief Justice.

This is a suit by a minority stockholder of Planters Nut and Chocolate Company, a Delaware corporation, attacking the validity of the merger of that corporation into Standard Brands on the ground of constructive fraud. Standard Brands moved to dismiss the complaint and the Vice Chancellor granted the motion. Plaintiff appeals.

This case involves the so-called "short merger statute". 8 Del...

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