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McDONNELL DOUGLAS CORPORATION v. PALLEY

310 A.2d 635 (1973)

McDONNELL DOUGLAS CORPORATION, Defendant Below, Appellant, v. David M. PALLEY, Plaintiff Below, Appellee.

Supreme Court of Delaware.

May 25, 1973.

Attorney(s) appearing for the Case

Richard F. Corroon of Potter, Anderson & Corroon, Wilmington, for defendant below, appellant.

Irving Morris and Joseph A. Rosenthal of Cohen, Morris & Rosenthal, Wilmington, and Nathan B. Kogan, New York City, for plaintiff below, appellee.

Before WOLCOTT, C. J., and CAREY and HERRMANN, JJ.

HERRMANN, Justice:

In this stockholder's derivative action brought on behalf of Hycon Mfg. Company (hereinafter "Hycon"), the defendant McDonnell Douglas Corporation (hereinafter "McDonnell") appeals from an allowance against it of counsel fees and legal expenses to the plaintiff stockholder. The issue is not the amount of the allowance but its propriety under the facts and circumstances of this case. A basic circumstance is that the suit became moot by reason of...

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