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MERRITT-CHAPMAN & SCOTT CORPORATION v. WOLFSON

321 A.2d 138 (1974)

MERRITT-CHAPMAN & SCOTT CORPORATION, Plaintiff, v. Louis WOLFSON et al., Defendants. Marshal STAUB, Plaintiff, v. MERRITT-CHAPMAN & SCOTT CORPORATION, a corporation of the State of Delaware, Defendant.

Superior Court of Delaware, New Castle.

May 31, 1974.

Attorney(s) appearing for the Case

Richard F. Corroon and Michael D. Goldman, of Potter, Anderson & Corroon, Wilmington, for Merritt-Chapman & Scott Corp.

H. Albert Young, Bruce M. Stargatt, Edward B. Maxwell and Jack B. Jacobs, of Young, Conaway, Stargatt & Taylor, Wilmington, for Louis Wolfson, Elkin Gerbert, and Joseph Kosow.

Louis J. Finger and Richard F. Balotti of Richards, Layton & Finger, Wilmington, for Marshal Staub.

BALICK, Judge.

These actions arise over claims of Louis Wolfson, Elkin Gerbert, Joseph Kosow and Marshal Staub (claimants) for indemnification by Merritt-Chapman & Scott Corporation (MCS) against expenses incurred in a criminal action. All parties seek summary judgment.

Claimants were charged by indictment with participation in a plan to cause MCS to secretly purchase hundreds of thousands of shares of its own common stock. Count one charged all claimants...

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