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SHEPPARD v. CAREY

254 A.2d 260 (1969)

Owen Ford SHEPPARD, Jr., Plaintiff, v. Allen F. CAREY and Marine Construction Company, a corporation of the State of Delaware, Defendants.

Court of Chancery of Delaware, New Castle.

May 26, 1969.

Attorney(s) appearing for the Case

William T. Lynam, III, of Bayard, Brill & Handelman, Wilmington, for plaintiff.

John M. Bader, Wilmington, for defendants.

DUFFY, Chancellor:

In this action Owen F. Sheppard, Jr. (Sheppard) seeks an order requiring defendant Allen F. Carey (Carey) to deliver to him 395 shares of the common stock of Marine Construction Company, a Delaware corporation, and 5,165 shares of its preferred stock. This is the decision after final hearing.

I

Marine Construction was organized in 1919 and has outstanding 990 shares of common (voting) stock and 150,000 shares of 6% preferred. Prior...

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