LUTZ v. A. L. GARBER COMPANY, INC.


340 A.2d 186 (1974)

Clarence H. LUTZ et al., Plaintiffs, v. The A. L. GARBER COMPANY, INC., a Delaware Corporation, and/or The A. L. Garber Company, Inc. (Old Garber), a Delaware Corporation, Defendants.

Court of Chancery of Delaware, New Castle County.

July 9, 1974.


Attorney(s) appearing for the Case

William O. LaMotte, III, and Martin P. Tully, Morris, Nichols, Arsht & Tunnell, Wilmington, and John H. Hall, Debevoise, Plimpton, Lyons & Gates, New York City, for defendants.

Clarence H. Lutz, pro se.


QUILLEN, Chancellor:

On September 17, 1973, the A. L. Garber Company, Inc. merged into New Garber Delaware Corporation with the latter company assuming the name of A. L. Garber Company, Inc. On September 26, 1973 the surviving corporation, pursuant to the appraisal statute caused notice of the effective date of the merger to be sent to those stockholders who wrote letters objecting to the merger. Under Section 262(c) of the Delaware Corporation Law, stockholders who...

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