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HARFF v. KERKORIAN

No. 203, 1974.

347 A.2d 133 (1975)

Philip HARFF and Stephanle Harff, Plaintiffs below, Appellants, v. Kirk KERKORIAN et al., Defendants below, Appellees.

Supreme Court of Delaware.

Decided October 17, 1975.

Attorney(s) appearing for the Case

Arthur G. Connolly, Jr., of Connolly, Bove & Lodge, Wilmington, and Paul M. Bernstein and Melvin I. Friedman, of Kreindler & Kreindler, New York City, for plaintiffs below, appellants.

E. Norman Veasey and Allen M. Terrell, Jr., of Richards, Layton & Finger, Wilmington, for appearing individual defendants below, appellees.

Henry N. Herndon, Jr., of Morris, James, Hitchens & Williams, Wilmington, and Terry N. Christensen of Wyman, Bautzer, Rothman & Kuchel, Beverly Hills, Cal., for Metro-Goldwyn-Mayer, Inc., defendant below, appellee.

Before HERRMANN, C. J., and DUFFY and McNEILLY, JJ.

PER CURIAM:

This appeal arises in a combined derivative and class action brought by holders of convertible subordinate debentures against the corporation and its directors, claiming damages for wrongful declaration of dividend. The Court of Chancery dismissed the derivative action and granted summary judgment in favor of the defendants in the class action. See Opinion below at 324 A.2d 215. The plaintiffs appeal both rulings.

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