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PATHE INDUSTRIES v. CADENCE INDUSTRIES CORP.

425 A.2d 952 (1980)

PATHE INDUSTRIES, INC., a Delaware Corporation, and Wissam Ezzedine, Plaintiffs, Appellants, v. CADENCE INDUSTRIES CORPORATION, a Delaware Corporation, Defendant, Appellee.

Supreme Court of Delaware.

Decided July 17, 1980.

Submitted on Motion for Reargument November 20, 1980.

Decided January 2, 1981.

Attorney(s) appearing for the Case

Victor F. Battaglia (argued) and Samuel R. Russell, of Biggs & Battaglia, Wilmington, for plaintiff Pathe Industries, Inc.

Edward B. Maxwell,2d (argued), H. James Conaway, Jr. and Jack B. Jacobs, of Young, Conaway, Stargatt & Taylor, Wilmington, for plaintiff Wissam Ezzedine.

Steven J. Rothschild (argued) and Edward P. Welch, of Skadden, Arps, Slate, Meagher & Flom, Wilmington, for defendant.

Before HERRMANN, C.J., and DUFFY, McNEILLY, QUILLEN and HORSEY, JJ., constituting the Court en banc.

DUFFY, Justice.

This is an action by Pathe Industries, Inc. (Pathe) and Wissam Ezzedine against Cadence Industries Corporation (Cadence).

Pathe initiated the lawsuit in the Court of Chancery, seeking the appointment of a trustee to act on behalf of certain of its stockholders in regard to the exercise of warrants physically held by Pathe but equitably owned by such stockholders and titled in their respective names...

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