BANK OF AMERICA, ETC. v. GAC PROP. CREDIT, INC.


389 A.2d 1304 (1978)

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION et al., Plaintiffs, v. GAC PROPERTIES CREDIT, INC., et al., Defendants. Leo W. FARLAND, Plaintiff, v. S. Hayward WILLS et al., Defendants.

Court of Chancery of Delaware, New Castle County.

Decided June 26, 1978.


Attorney(s) appearing for the Case

A. Gilchrist Sparks, III, Morris, Nichols, Arsht & Tunnell, Wilmington, Attorneys for Plaintiff Bank of America National Trust and Savings Association, Russell J. Willard, Jr., Hastings & Willard, Wilmington, Stanley Nemser, Nemser & Nemser, New York City, for plaintiff Leo W. Farland.

Martin I. Lubaroff, Richards, Layton & Finger, Wilmington, for intervening plaintiff Chemical Bank.

Michael D. Goldman, Potter, Anderson & Corroon, Wilmington, for defendants GAC Properties Credit, Inc., GAC Properties, Inc., GAC Rental Corp., GAC Corp., S. Hayward Wills, Russell E. Kemmerer, James F. Ring and James R. Powell.


HARTNETT, Vice Chancellor.

These two actions, commenced in 1975, were previously consolidated for trial. In Farland v. Wills, C.A. # 4888 (Farland case), the action was brought by Leo W. Farland, a non-resident of Delaware, who was a holder of GAC Properties Credit, Inc. (Credit) 12% debentures, on his behalf and on behalf of all similarly situated holders of debentures, against four corporate defendants (three of which are Delaware corporations, including...

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