GALDI v. BERG

Civ. A. No. 4180.

359 F.Supp. 698 (1973)

Joseph C. GALDI and Rita D. Galdi, a co-partnership trading as Norte & Co., Plaintiffs, v. F. Steven BERG et al., Defendants.

United States District Court, D. Delaware.

June 5, 1973.


Attorney(s) appearing for the Case

Irving Morris and Joseph A. Rosenthal of Cohen, Morris & Rosenthal, Wilmington, Del. and William Klein, II, of Austrian, Lance & Stewart, P. C., New York City, of counsel, for plaintiffs.

Jack B. Jacobs of Young, Conaway, Stargatt & Taylor, Wilmington, Del., for defendants Berg, Summers, Bissell, Lerner, Bean and Prifti.

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 defendants Gray, Dillon and Davis.

David A. Drexler of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for defendant Power.

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


OPINION

LATCHUM, District Judge.

The plaintiffs as stockholders of Scotten, Dillon Company ("Scotten") brought this action on July 16, 1971 derivatively on Scotten's behalf and representatively on behalf of all other Scotten stockholders similarly situated. The named individuals were Steven Berg ("Berg"), Ernest Summers ("Summers"), George K. Bissell ("Bissell"), William Lerner ("Lerner"), S. Geyer Bean ("Bean...

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