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MARKS v. WOLFSON

188 A.2d 680 (1963)

Sally MARKS, suing individually as a stockholder of Trailco Corp., on behalf of herself and all other stockholders of Trailco Corp. similarly situated and in the right of Trailco Corp., Plaintiff, v. Louis E. WOLFSON et al., Defendants. Samuel AMSTERDAM, Plaintiff, v. Robert C. BAKER et al., Defendants.

Court of Chancery of Delaware, New Castle.

February 8, 1963.

Attorney(s) appearing for the Case

Irving Morris, of Cohen & Morris, and Abraham Hoffman, Wilmington, and Benedict Wolf, of Wolf, Popper, Ross, Wolf & Jones and Leo J. Linder, New York City, for plaintiffs.

John J. De Luca, Wilmington and Bruce A. Hecker, of Manning, Hollinger & Shea, New York City, for defendants Robert E. Baker, William Denny, Elkin B. Gerbert, Robert E. Harvey, Alexander Rittmaster, Marshal G. Staub, Edward L. Teale, and Louis E. Wolfson.

James A. Walsh, Wilmington, for defendants Merritt-Chapman and Scott Corp., New York Shipbuilding Corp. and Trailco Corp.

William Poole, of Berl, Potter & Anderson, Wilmington and Irving C. Nachbar, New York City, for defendants David B. Charney, Julius Epstein, Alan J. Kraft, Trans Continental Industries, Inc. and Highway Trailer Company.

MARVEL, Vice Chancellor.

Plaintiffs in the above cases, which were tried together, submitted evidence in support of their respective contentions. At the conclusion of their cases in chief, counsel for the defendants against whom relief is sought, without waiving their clients' rights to offer further evidence in the event that their motions should not be granted, moved for dismissal under Rule 41(b), Del.C.Ann. on the grounds that upon the facts and the law both plaintiffs...

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