SCHREIBER v. BRYAN


396 A.2d 512 (1978)

Leonard I. SCHREIBER, Plaintiff, v. R. G. BRYAN, W. E. Gipson, W. A. Hover, John D. Kirkland, William L. Liedtke, N. J. Luke, R. D. Rogers, Jr., Pennzoil Company and Pennzoil Offshore Gas Operators, Inc., Defendants.

Court of Chancery of Delaware, New Castle.

Decided September 6, 1978.


Attorney(s) appearing for the Case

Joseph A. Rosenthal, of Morris & Rosenthal, P.A., Wilmington, and Bennett Frankel, New York City, for plaintiff.

James M. Tunnell, Jr., and Andrew B. Kirkpatrick, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, and William C. Harvin, Hugh Rice Kelly, and C. Michael Watson, of Baker & Botts, Houston, Tex., for defendant, Pennzoil Co.

Richard J. Abrams, of Richards, Layton & Finger, Wilmington, for defendant, Pennzoil Offshore Gas Operators, Inc.


HARTNETT, Vice Chancellor.

In this stockholders' derivative action involving allegations of waste of corporate assets and diversion of corporate opportunity, defendants Pennzoil Company (Pennzoil) and Pennzoil Offshore Gas Operators, Inc. (POGO)1 have moved for summary judgment. Defendants' motion is premised on their contention that plaintiff (Schreiber) lacks standing to assert such claims because...

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