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BRAASCH v. GOLDSCHMIDT

199 A.2d 760 (1964)

Herbert BRAASCH et al., as trustees under the will of Harry William Voege, dec'd, Plaintiffs, and Galdi Securities Corporation, Intervening Plaintiff, v. Carel GOLDSCHMIDT et al., Defendants.

Court of Chancery of Delaware, New Castle.

April 15, 1964.

Attorney(s) appearing for the Case

Aubrey B. Lank, of Theisen & Lank, Wilmington, for plaintiffs. Gustave B. Garfield and Reuben M. Siwek, New York City, of counsel.

Richard F. Corroon, of Berl, Potter & Anderson, Wilmington, for defendants. Willkie, Farr, Gallagher, Walton & Fitz-Gibbon, New York City, of counsel.

SHORT, Vice Chancellor.

This case is before the court on defendants' motion to dismiss for failure to state a claim on which relief can be granted.

Plaintiffs are the owners of 5400 shares of the common stock of American Sumatra Tobacco Corporation, (American Sumatra) a Delaware corporation. They here sue (1) individually on their own behalf; (2) representatively on behalf of all other stockholders of the corporation similarly situated, including those who...

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