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THEODORA HOLDING CORPORATION v. HENDERSON

257 A.2d 398 (1969)

THEODORA HOLDING CORPORATION, Plaintiff, v. Girard B. HENDERSON, Bengt Ljunggren and Alexander Dawson, Inc., Defendants.

Court of Chancery of Delaware, New Castle.

September 18, 1969.

Attorney(s) appearing for the Case

Richard F. Corroon, of Potter, Anderson & Corroon, Wilmington, and Milton Kunen of Kaye, Scholer, Fierman, Hays & Handler, New York City, for plaintiff.

Robert H. Richards, Jr., of Richards, Layton & Finger, Wilmington, and John R. Hupper, of Cravath, Swaine & Moore, New York City, for defendant Girard B. Henderson.

W. Laird Stabler, Jr., Wilmington, for defendant Alexander Dawson, Inc.

MARVEL, Vice Chancellor:

Plaintiff, which was formed in May of 1967 by the defendant Girard B. Henderson's former wife, Theodora G. Henderson, is the holder of record of 11,000 of the 40,500 issued and outstanding shares of common stock of the defendant Alexander Dawson, Inc. It sues derivatively as well as on its own behalf for an accounting by the individual defendants for the losses allegedly sustained by the corporate defendant and the concomitant improper gains...

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