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FLIEGLER v. LAWRENCE

361 A.2d 218 (1976)

Irving FLIEGLER, Plaintiff below, Appellant, v. John C. LAWRENCE et al., Defendants below, Appellees.

Supreme Court of Delaware.

Decided June 28, 1976.

Attorney(s) appearing for the Case

Steven D. Goldberg of Theisen, Lank & Mulford, Wilmington, and Barry H. Singer of Pollack & Singer, New York City, of counsel, for plaintiff below, appellant.

R. Franklin Balotti and Stephen E. Herrmann of Richards, Layton & Finger, Wilmington, and Warren M. Weggeland, Salt Lake City, Utah, of counsel for defendants below, appellees, John C. Lawrence and Fred H. Tresher.

Edward B. Maxwell of Young, Conaway, Stargatt & Taylor, Wilmington, for defendant below, Agau Mines, Inc.

Before DUFFY and McNEILLY, JJ., and CHRISTIE, Judge.

McNEILLY, Justice:

In this shareholder derivative action brought on behalf of Agau Mines, Inc., a Delaware corporation, (Agau) against its officers and directors and United States Antimony Corporation, a Montana corporation (USAC), we are asked to decide whether the individual defendants, in their capacity as directors and officers of both corporations, wrongfully usurped a corporate opportunity belonging to Agau, and whether...

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