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SCHNELL v. CHRIS-CRAFT INDUSTRIES, INC.

285 A.2d 430 (1971)

Andrew H. SCHNELL, Jr. and Jack Safer, Plaintiffs, v. CHRIS-CRAFT INDUSTRIES, INC., a Delaware corporation, Defendant.

Court of Chancery of Delaware, New Castle.

November 18, 1971.

Attorney(s) appearing for the Case

H. Albert Young and Edward B. Maxwell, II, of Young, Conaway, Stargatt & Taylor, Wilmington, Carl F. Goodman, of Surrey, Karasik, Greene & Seham, New York City, and Jay L. Westbrook, of Surrey, Karasik & Greene, Washington, D. C., for plaintiffs.

David F. Anderson and Charles S. Crompton, Jr., of Potter, Anderson & Corroon Wilmington, Daniel P. Levitt, of Paul, Weiss, Rifkind, Wharton & Garrison, Washington, D. C., and Skadden, Arps, Slate, Meagher & Flom, New York City, for defendant.

MARVEL, Vice Chancellor:

Plaintiffs, who are stockholders of the defendant, seek a preliminary injunction against the carrying out by such corporation of a change in the date of its annual meeting of stockholders which was ostensibly accomplished by an amendment to its by-laws adopted at a directors' meeting held on October 18, 1971. As a result of such change in by-law and the fixing of a new date by the directors, such annual meeting is now scheduled to be held...

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