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ITEK CORPORATION v. CHICAGO AERIAL INDUSTRIES, INC.

No. 127.

248 A.2d 625 (1968)

ITEK CORPORATION, a Delaware corporation, Plaintiff Below, Appellant, v. CHICAGO AERIAL INDUSTRIES, INC., a Delaware corporation; Fred T. Sonne; Adele F. Loeb Saks, individually and as surviving Executrix of the Estate of Ernest G. Loeb, Deceased; Elizabeth S. Loeb, Albert H. Loeb, II, and Henry S. Loeb, Individually and as surviving Executors of the Estate of Allan M. Loeb, Deceased; Alyn M. Loeb, Jane L. Sooy, Elizabeth Loeb Nathan, and Virginia Loeb; David Levinson and Victor C. Milliken, Defendants Below, Appellees.

Supreme Court of Delaware.

July 10, 1968.

Attorney(s) appearing for the Case

Alexander L. Nichols and James M. Tunnell, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, and Harold M. Willcox, of Herrick, Smith, Donald, Farley & Ketchum, Boston, Mass., for appellant.

E. N. Carpenter, II, and Charles F. Richards, Jr., of Richards, Layton & Finger, Wilmington, for Chicago Aerial Industries, Inc., and Fred T. Sonne (Deceased).

Bruce M. Stargatt, of Young, Conaway, Stargatt & Taylor, Wilmington, for Adele F. Loeb Saks, as surviving executrix of the Estate of Ernest G. Loeb, deceased, Elizabeth Loeb Nathan and Virginia Loeb.

William Poole, of Potter, Anderson & Corroon, Wilmington, and Earl E. Pollock and Alan H. Silberman, of Sonnenschein, Levinson, Carlin, Nath & Rosenthal, Chicago, Ill., for Elizabeth S. Loeb, Albert H. Loeb, II, and Henry S. Loeb as surviving executors of the Estate of Allan M. Loeb, Deceased and Albert H. Loeb, II, individually.

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

WOLCOTT, Chief Justice.

This is an appeal by Itek Corporation (Itek) from the grant of summary judgment for the defendants in a breach of contract action brought by Itek against Chicago Aerial Industries, Inc. (CAI) and individuals who collectively represented in the contract negotiations CAI and its controlling stockholders.

Both Itek and CAI are producers of photographic equipment. At the time of the events which...

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