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SCHRODER v. SCOTTEN, DILLON COMPANY

299 A.2d 431 (1972)

Robert M. SCHRODER, Plaintiff, v. SCOTTEN, DILLON COMPANY et al., Defendants.

Court of Chancery of Delaware, New Castle.

November 10, 1972.

Attorney(s) appearing for the Case

David T. Dana, III, of Richards, Layton & Finger, Wilmington, and Windels, Merritt & Ingraham, New York City, for plaintiff.

Bruce M. Stargatt and Jack B. Jacobs, of Young, Conaway, Stargatt & Taylor, Wilmington, for individual defendants.

Arthur G. Connolly, Jr., of Connolly, Bove & Lodge, Wilmington, for defendant Scotten, Dillon Co.

DUFFY, Chancellor:

This is an action under 8 Del.C. § 225 to determine the present directors and officers of Scotten, Dillon Company, a Delaware corporation.1 The issue is framed by cross-motions for summary judgment.2

A.

The contest for control of this publicly-owned company involves two factions which are referred to hereinafter as "Berg" and "Schroder." Schroder argues that the lawful...

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