Subsequent to a merger resulting in a surviving Delaware corporation, A. L. Garber Company, Inc., Clarence H. Lutz filed a complaint for an appraisal pursuant to 8 Del.C., § 262. In response to the complaint, the defendant filed a motion to dismiss on the basis of the statute of limitations set forth in 8 Del.C., § 262(c) and laches. The corporation also filed a verified list of stockholders...
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