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

340 A.2d 188 (1975)

The A. L. GARBER COMPANY, INC., and/or The A. L. Garber Company, Inc. (Old Garber), Defendant below, Appellant, v. Clarence H. LUTZ et al., Plaintiffs below, Appellees.

Supreme Court of Delaware.

May 28, 1975.

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 defendant below, appellant.

Clarence H. Lutz, pro se.

Before HERRMANN, C. J., McNEILLY, J., and CHRISTIE, Judge.

PER CURIAM:

This is an appeal from the Chancellor's denial of defendant's motion to dismiss a stock appraisal proceeding instituted by plaintiff, Clarence H. Lutz, a dissenting stockholder to a proposed merger, under 8 Del. C. § 262. The proceeding was filed by Mr. Lutz pro se within the statutorily imposed four month period, but he neglected for thirty-nine days after the expiration of the four month period...

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