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MERRITT-CHAPMAN & SCOTT CORPORATION v. WOLFSON

264 A.2d 358 (1970)

MERRITT-CHAPMAN & SCOTT CORPORATION, Plaintiff, v. Louis WOLFSON, Elkin Gerbert and Joseph Kosow, Defendants.

Superior Court of Delaware, New Castle.

February 27, 1970.

Attorney(s) appearing for the Case

Richard F. Corroon and Michael D. Goldman, of Potter Anderson & Corroon, Wilmington, for plaintiff.

H. Albert Young and Edward B. Maxwell, 2nd, of Young, Conaway, Stargatt & Taylor, Wilmington, for defendants.

STIFTEL, President Judge.

Merritt-Chapman & Scott Corporation seeks a declaratory judgment determining that the three defendants are not entitled to indemnification for legal fees under Delaware's indemnification statutes. Defendants filed a counterclaim for indemnification and both sides moved for summary judgment. The issue is whether or not the defendants are entitled to be indemnified by the plaintiff corporation for attorneys' fees and expenses incurred in...

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