KAPLAN v. GOLDSAMT


380 A.2d 556 (1977)

Charles KAPLAN, Plaintiff, v. Robert S. GOLDSAMT, Bernard J. Korman, Alan B. Miller, Leonard W. Cronkhite, Jr., Thomas L. Kempner, Leonard M. Leiman, Louis Rones, J. Irving Schwartz, Joseph Ziegler and American Medicorp, Inc., Defendants.

Court of Chancery of Delaware, New Castle.

Decided October 20, 1977.


Attorney(s) appearing for the Case

Joseph Rosenthal, of Morris & Rosenthal, Wilmington, and Mordecai Rosenfeld, New York City, for plaintiff.

Bruce M. Stargatt, and C. Vincent Scheel, of Young, Conaway, Stargatt & Taylor, Wilmington, for defendant Robert S. Goldsamt.

Charles S. Crompton, Jr., of Potter, Anderson & Corroon, Wilmington, for the remaining individual defendants.

Andrew B. Kirkpatrick, Jr., and Lawrence C. Ashby, of Morris, Nichols, Arsht & Tunnell, Wilmington, and Stephen R. Steinberg, and Joseph A. Clark, III, of Reavis & McGrath, New York City, for defendant American Medicorp, Inc.


BROWN, Vice Chancellor.

Plaintiff Kaplan, as a shareholder of the defendant American Medicorp, Inc. ("Medicorp") has sued derivatively on behalf of the corporation seeking judgment in the form of money damages or, alternatively, rescission of an agreement and transaction whereby Medicorp, during the spring of 1976, purchased 550,000 shares of its own common stock from the defendant Robert S. Goldsamt for the sum of $5,225...

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