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TRANS WORLD AIRLINES, INC. v. HUGHES TOOL COMPANY

187 A.2d 350 (1962)

TRANS WORLD AIRLINES, INC., Plaintiff, v. HUGHES TOOL COMPANY et al., Defendants, v. Ernest R. BREECH et al., Additional Defendants.

Court of Chancery of Delaware, New Castle.

December 28, 1962.

Attorney(s) appearing for the Case

Daniel L. Herrmann of Herrmann, Bayard, Brill & Gallagher, Wilmington, for additional defendant Ernest R. Breech.

James M. Tunnell, Jr., and G. Tyler Coulson, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant Hughes Tool Co.

MARVEL, Vice Chancellor.

Ernest R. Breech, whose stock in the Ford Motor Company was ordered seized earlier in this proceeding pursuant to the provisions of Title 10 Del.C. § 366 for the purpose of compelling his appearance to defend a claim filed against him by Hughes Tool Company, seeks the aid of this Court in having paid over to him some $45,000 of dividends recently declared out of earnings applicable to such seized stock. Mr. Breech takes the position that...

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