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FOYE v. NEW YORK UNIVERSITY

269 A.2d 63 (1970)

Byron D. FOYE, Dudley L. Miller, Mandeville Mullally, Bayard F. Pope and Winthrop A. Short, individually and as voting trustees of the stock of Howes Leather Company, Inc., a Delaware corporation, Defendants Below, Appellants, v. NEW YORK UNIVERSITY, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Reargument Denied July 13, 1970.

Attorney(s) appearing for the Case

Edmund N. Carpenter, II, and David T. Dana, III, of Richards, Layton & Finger, Wilmington, for defendants below, appellants.

S. Samuel Arsht, Walter K. Stapleton and Lewis S. Black, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, and Lord, Day & Lord, New York City, for plaintiff below, appellee.

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

HERRMANN, Justice:

This appeal involves the validity of an extension of a voting trust agreement. The Court of Chancery granted summary judgment in favor of the plaintiff New York University (hereinafter "N.Y.U."), holding that the extension here attempted was invalid under 8 Del.C. § 218(b).1

I.

Except as noted herein, the following...

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