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DILLON v. BERG

Civ. A. Nos. 3967, 4182.

351 F.Supp. 584 (1972)

Len J. DILLON et al., Plaintiffs, v. F. Steven BERG et al., Defendants. Len J. DILLON and Fred R. Davis, Plaintiffs, v. SCOTTEN, DILLON COMPANY et al., Defendants.

United States District Court, D. Delaware.

November 29, 1972.

Attorney(s) appearing for the Case

David T. Dana, III of Richards, Layton & Finger, Wilmington, Del., and Andrew N. Grass, Jr., of Windels, Merritt & Ingraham, New York City, of counsel, for plaintiffs.

Jack B. Jacobs, of Young, Conaway, Stargatt & Taylor, Wilmington, Del., for the individual defendants.

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

Irving Morris, of Cohen, Morris & Rosenthal, Wilmington, Del., for the minority stockholders, Joseph C. and Rita D Galdi.

OPINION

LATCHUM, District Judge.

Plaintiffs seek an allowance of attorneys' fees in the amount of $250,0001 and the reimbursement of expenses totaling $37,655.162 incurred in the prosecution of these two actions to be paid by Scotten, Dillon Company, the corporate defendant on whose behalf the suits were derivatively brought. Basing their request upon Mills v. Electric Auto-Lite Co.,

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