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SINGER v. CREOLE PETROLEUM CORP.

311 A.2d 859 (1973)

Benjamin H. SINGER, Plaintiff Below, v. CREOLE PETROLEUM CORP. et al., Defendants Below, Appellees.

Supreme Court of Delaware.

October 10, 1973.

Attorney(s) appearing for the Case

William Prickett of Prickett, Ward, Burt & Sanders, Wilmington, and Benedict Wolf, Donald N. Ruby and Victor P. Muskin of Wolf, Popper, Ross, Wolf & Jones, New York City, of counsel, for plaintiff below, appellant.

Robert H. Richards, Jr. and Charles F. Richards, Jr., of Richards, Layton & Finger, Wilmington, and Arthur H. Dean and Roy H. Steyer of Sullivan & Cromwell, New York City, of counsel, for Exxon Corp. and Esso International, Inc., defendants below, appellees.

William S. Potter and Blaine T. Phillips of Potter, Anderson & Corroon, Wilmington, and James F. Dwyer of Satterlee & Stephens, New York City, of counsel, for Creole Petroleum Corp., defendant below, appellee.

Before HERRMANN, C. J., CAREY, J., and McNEILLY, Judge.

HERRMANN, Chief Justice:

In this stockholder's derivative action, the plaintiff appeals from the Chancery Court's (1) grant of summary judgment in favor of the defendant corporations as to certain charges in the complaint, and (2) dismissal of the remainder of the charges as "sham" under Chancery Rule 11 Del.C. Ann.* The opinion below is reported at 297 A.2d 440. Reference is made thereto for factual background...

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