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BASTIAN v. BOURNS, INC.

256 A.2d 680 (1969)

Harry BASTIAN, Jarlath W. Brady and Edwin Mulcahy, in their own right and as representatives of all other stockholders of Chicago Aerial Industries, Inc. similarly situated, Plaintiffs, v. BOURNS, INC., a corporation of the State of California and Bourns C. A. I., Inc., a corporation of the State of Delaware and Chicago Aerial Industries, Inc., a corporation of the State of Delaware, Defendants.

Court of Chancery of Delaware, New Castle.

July 31, 1969.

Attorney(s) appearing for the Case

C. Waggaman Berl, Jr., of Booker, Leshem, Green, Shaffer & Berl, and H. James Conaway, Jr., and Jack B. Jacobs of Young, Conaway, Stargatt & Taylor, Wilmington, and Willson, Cunningham & McClellan of St. Louis, Mo., for plaintiffs.

E. N. Carpenter, II and Charles F. Richards, Jr., of Richards, Layton & Finger, Wilmington, for defendant Bourns, Inc.

MARVEL, Vice Chancellor:

Plaintiffs, who are the owners of 4,900 shares of stock of Chicago Aerial Industries, Inc., seek a permanent injunction against the proposed merger of such corporation into a resulting corporation known as Bourns/C.A.I., Inc. The fairness of the exchange ratio on which the merger agreement in question is based has been considered at trial and this is the Court's opinion on the trial evidence and briefs...

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