PRICKETT v. AMERICAN STEEL AND PUMP CORPORATION


251 A.2d 576 (1969)

William PRICKETT, Receiver pendente lite of B. S. F. Company, a Delaware corporation, Plaintiff, v. AMERICAN STEEL AND PUMP CORPORATION, a Delaware corporation, Defendant.

Court of Chancery of Delaware, New Castle.

March 12, 1969.


Attorney(s) appearing for the Case

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

Bruce M. Stargatt and Jack B. Jacobs, of Young, Conaway, Stargatt & Taylor, Wilmington, and Murray I. Gurfein, of Goldstein, Gurfein, Shames & Hyde, New York City, for defendant.


DUFFY, Chancellor:

William Prickett was appointed Receiver pendente lite of B. S. F. Company, a Delaware corporation (BSF), by the United States District Court for the District of Delaware. On January 17, 1969 he filed a complaint in this Court for an order convening a meeting of the stockholders of defendant, American Steel and Pump Corporation, a Delaware corporation (ASP), for the purpose of electing directors.

ASP did not appear within the time...

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