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WIER v. HOWARD HUGHES MEDICAL INSTITUTE

404 A.2d 140 (1979)

Richard R. WIER, Jr., Attorney General of the State of Delaware and William R. Lummis, Delaware Ancillary Administrator of the Estate of Howard R. Hughes, Jr., Plaintiffs, v. HOWARD HUGHES MEDICAL INSTITUTE, a Delaware Corporation, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided June 26, 1979.

Attorney(s) appearing for the Case

Cecil L. Davis, Jr., Asst. Atty. Gen. of State of Fla., Tallahassee, Fla., for movant Robert L. Shevin, Atty. Gen. of State of Fla.

Henry N. Herndon, Jr., and Edward M. McNally of Morris, James, Hitchens & Williams, Wilmington, for defendant Howard Hughes Medical Institute.

MARVEL, Chancellor:

The amended complaint herein alleges that since the death of its founder and original Trustee, Howard R. Hughes, the defendant Howard Hughes Medical Institute has been improperly managed and controlled by a so-called Executive Committee notwithstanding the fact that its certificate of incorporation requires that such corporation is to be "* * * managed and controlled by a Trustee." Plaintiffs accordingly ask this Court to appoint such a Trustee...

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