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HALPERN v. BARRAN

313 A.2d 139 (1973)

Robert HALPERN et al., as Executors of the Estate of Robert Kan, Deceased, Plaintiffs, v. D. H. BARRAN et al., Defendants.

Court of Chancery of Delaware.

May 25, 1973.

Attorney(s) appearing for the Case

Irving Morris and Joseph A. Rosenthal of Cohen, Morris & Rosenthal, Wilmington, and Ralph L. Ellis of Shea Gould Climenko & Kramer, and Joseph A. Ruskay, New York City, for plaintiffs.

William S. Potter and Charles S. Crompton, Jr., of Potter, Anderson & Corroon, Wilmington, John R. Hupper, John M. Linsenmeyer and William Sidney Davis, Jr., of Cravath, Swaine & Moore, New York City, for Asiatic Petroleum Corp., Shell Petroleum, N. V., and Monroe E. Spaght.

E. Norman Veasey and R. Franklin Balotti of Richards, Layton & Finger, Wilmington, Harold F. McGuire, William J. Rennert and D. Brooke Taylor of Wickes, Riddell, Bloomer, Jacobi & McGuire, New York City, for certain individual defendants.

Henry N. Herndon, Jr., of Morris, James, Hitchens & Williams, Wilmington, for Shell Oil Co.

DUFFY, Chancellor:

This is a shareholders' derivative suit brought on behalf of Shell Oil Company (Shell), a Delaware corporation. Defendants have moved to dismiss the amended complaint as to all claims which accrued prior to June 17, 1966 on the ground that they are barred by the statute of limitations, and to strike from the complaint the remaining allegations of wrongdoing as sham.1 This is the decision on that motion.

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