HUTCHISON v. BERNHARD


220 A.2d 782 (1965)

Grace M. HUTCHISON, Plaintiff, v. Arnold BERNHARD, Gavin H. Watson, Frank H. Miesse, James E. Barrett, John D. Walker, Arnold Bernhard & Co., Inc., Value Line Fund Distributors, Inc., Value Line Fund, Inc., and Value Line Income Fund, Inc., Defendants.

Court of Chancery of Delaware, New Castle.

May 28, 1965.


Attorney(s) appearing for the Case

Irving Morris (of Cohen, Morris & Rosenthal), Wilmington, and Bernard Buchwald and Peter P. Kenny, New York City, for plaintiff.

Clair John Killoran and Andrew G. T. Moore, II (of Killoran & Van Brunt), Wilmington, for defendants, Arnold Bernhard, Gavin H. Watson, Frank H. Miesse, James E. Barrett, John D. Walker and Arnold Bernhard & Co., Inc.

Aubrey B. Lank (of Theisen and Lank), Wilmington, for defendants, Value Line Fund Distributors, Inc., Value Line Fund, Inc., and Value Line Income Fund, Inc.


SEITZ, Chancellor:

Defendants moved under Chancery Rule 23(c), Del.C.Ann. to dismiss this derivative action with prejudice as to plaintiff only on the ground that, after filing this action, plaintiff sold all the stock which she held in Value Line Income Fund, Inc. ("Fund") at the time of the transactions of which she complains. Plaintiff, in turn, filed consolidated motions seeking the following:

(1) An order requiring Fund to produce a stockholders' list...

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