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STATE v. GULF SULPHUR CORPORATION

231 A.2d 470 (1967)

STATE of Delaware upon the relation of ARMOUR AND COMPANY, a Delaware Corporation, Relator Below, Appellant, v. GULF SULPHUR CORPORATION, a Delaware Corporation, Defendant Below, Appellee, and Lithium Corporation of America, Inc., a Minnesota Corporation, Intervening Defendant Below, Appellee. GULF SULPHUR CORPORATION, a Corporation of the State of Delaware, Defendant Below, Appellant, v. ARMOUR AND COMPANY, a Corporation of the State of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

June 5, 1967.

Attorney(s) appearing for the Case

Richard F. Corroon, of Berl, Potter & Anderson, Wilmington, and Thomas Tyler, of Winston, Strawn, Smith & Patterson, Chicago, Ill., for Armour and Co.

Andrew B. Kirkpatrick, Jr., David A. Drexler and Walter K. Stapleton, of Morris, Nichols, Arsht & Tunnell, Wilmington, for Gulf Sulphur Corp.

Arthur J. Sullivan and Robert M. High, of Morris, James, Hitchens & Williams, Wilmington, for Lithium Corp. of America, Inc.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

CAREY, Justice.

The State, upon relation of Armour and Company (Armour), brought a mandamus action in Superior Court against Gulf Sulphur Corporation (Gulf) to force the latter to permit Armour, a stockholder of Gulf, to inspect certain records relating to a proposed merger of Gulf and Lithium Corporation of America, Inc. (Lithium). From an adverse judgment, Armour has appealed. (No. 43).

Before the decision in the mandamus case, Armour filed an action in...

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