MINTZ v. BOHEN


210 A.2d 569 (1965)

Ruth MINTZ, Plaintiff, v. Fred BOHEN et al., Defendants.

Court of Chancery of Delaware, New Castle.

April 23, 1965.


Attorney(s) appearing for the Case

Irving Morris, of Cohen, Morris & Rosenthal, Wilmington, and Milton Paulson, New York City, for plaintiff.

George T. Coulson, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendants.


SEITZ, Chancellor.

Plaintiff filed an action against Allis-Chalmers and its directors. It was derivative, at least, in part. It sought damages for past payments by the Company for premiums on individual insurance policies under a corporate retirement income plan. It also sought an injunction against future payments. The complaint, by amendment, alleged that a demand on the board of directors to take appropriate action would have been futile. Service of process was...

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