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CARL MARKS & CO. v. UNIVERSAL CITY STUDIOS, INC.

233 A.2d 63 (1967)

CARL MARKS & CO., Inc., Appellant, v. UNIVERSAL CITY STUDIOS, INC., a Delaware corporation, Appellee.

Supreme Court of Delaware.

July 26, 1967.

Attorney(s) appearing for the Case

William T. Lynam, 3rd, and Ernest S. Wilson, Jr. of Wilson & Lynam, Wilmington, and Herbert B. Max, New York City, for appellant.

Richard J. Abrams, of Richards, Layton & Finger, Wilmington, for appellee.

WOLCOTT, Chief Justice, HERRMANN, Justice, and McNEILLY, Judge, sitting.

WOLCOTT, Chief Justice:

This is an appeal by Carl Marks & Co., Inc., a stockholder of Universal Pictures Company, Inc., from a dismissal of its petition for an appraisal of its stock following a short-form merger under 8 Del.C. § 253, of Pictures into Universal City Studios, Inc., on March 25, 1966.

8 Del.C. § 253, provides that notice of a short-form merger shall be sent to the stockholders of the merging corporation. Thereafter, any dissatisfied...

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