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ECKMAR CORP. v. MALCHIN

297 A.2d 446 (1972)

ECKMAR CORP., Plaintiff, v. Jean MALCHIN, Defendant.

Court of Chancery of Delaware, New Castle.

September 25, 1972.

Attorney(s) appearing for the Case

Leroy A. Brill, of Bayard, Brill & Handelman, Wilmington, and Stephen M. Axinn and Dennis J. Drebsky, of Skadden, Arps, Slate, Meagher & Flom, New York City, for plaintiff.

Jean Malchin, pro se.

DUFFY, Chancellor:

The issue before the Court is whether or not defendant should be ordered to return to plaintiff 52.5 shares of its preferred stock.

A.

On August 8, 1969 Eckmar Corp., a Delaware corporation (plaintiff) and its wholly-owned subsidiary, Eckmar Career Corporation (ECC), entered into agreements with Career Originals, Inc., and its Stockholders. Briefly, the agreements provided for the merger...

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