NADLER v. BOHEN


238 A.2d 836 (1968)

Esther NADLER, Executrix of the Estate of Irving Nadler et al., Plaintiffs Below, Appellants, v. Fred BOHEN et al., Defendants Below, Appellees.

Supreme Court of Delaware.

January 12, 1968.


Attorney(s) appearing for the Case

Irving Morris and Joseph A. Rosenthal of Cohen, Morris & Rosenthal, Wilmington, and Philip Jones, of Wolf, Popper, Ross, Wolf & Jones, New York City, for appellants.

George Tyler Coulson, of Morris, Nichols, Arsht & Tunnell, Wilmington, for individual appellees.

Henry M. Canby, of Richards, Layton & Finger, Wilmington, for Allis-Chalmers Manufacturing Company, appellee.

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


WOLCOTT, Chief Justice.

This is a motion to dismiss an appeal from an interlocutory order in stockholders' class and derivative actions charging the individual directors of Allis-Chalmers with breach of fiduciary duty.

The order appealed from sets a trial date for January 29, 1968 over the opposition of the plaintiffs who complain, by reason of the illness of chief trial counsel, that it is impossible adequately to prepare the case for trial by that date....

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