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WESTERN PACIFIC INDUS., INC. v. LIGGETT & MYERS, INC.

310 A.2d 669 (1973)

WESTERN PACIFIC INDUSTRIES, INC., a corporation of the State of Delaware, Plaintiff, v. LIGGETT & MYERS, INCORPORATED, a corporation of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle.

July 30, 1973.

Attorney(s) appearing for the Case

Louis J. Finger of Richards, Layton & Finger, Wilmington, and Robert H. Haines of Zimet, Haines, Moss & Goodkind, New York City, for plaintiff.

Richard F. Corroon of Potter, Anderson & Corroon, Wilmington, and Roger L. Waldman of Webster, Sheffield, Fleischmann, Hitchcock & Brookfield, New York City, for defendant.

DUFFY, Chancellor:

This is the decision after final hearing in an action under 8 Del.C. § 220 for a stockholder list.

A.

Western Pacific Industries, Inc., plaintiff (WPI), and Liggett & Myers, Incorporated, defendant (L & M), are both Delaware corporations. WPI is the record owner of 415,300 shares (5.1%) of L & M common stock which it acquired between January 4 and May 1, 1973. Prior to L & M's annual meeting in April, WPI unsuccessfully...

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