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PINKERT v. WION

431 A.2d 1269 (1981)

Stuart PINKERT, as Custodian for Karen M. Pinkert, and on behalf of other holders of Common Stock Purchase Warrants of National Recreation Products Inc., a Delaware corporation, Applicant for Intervention and Objector to Proposed Settlement Below, Appellant, v. John WION, Plaintiff Below, Appellee, and National Recreation Products, Inc., W. O. Duvall, Abe Yeddis, J. H. Segell, G. R. Fisher, J. A. Gammon, B. L. Goldberg, Stephen Cohen, R. F. Custer, Melvin Marx, Howard Reich, D. G. McClinton, A. B. Solomon, B. J. Ruysser, and Fuqua Industries, Inc., Defendants Below, Appellees.

Supreme Court of Delaware.

Decided June 17, 1981.

Attorney(s) appearing for the Case

Craig A. Karsnitz, of Young, Conaway, Stargatt & Taylor, Wilmington, and Panter, Nelson & Bernfield, Ltd., Chicago, Ill., for applicant for intervention and objector to proposed settlement below, appellant.

Victor F. Battaglia, of Biggs & Battaglia, Wilmington, and Wolf, Popper, Ross, Wolf & Jones, New York City, for plaintiff below, appellee.

Louis J. Finger and Samuel A. Nolen, of Richards, Layton & Finger, Wilmington, for National Recreation Products, Inc. and Fuqua Industries, Inc., defendants below, appellees.

Before DUFFY, McNEILLY and QUILLEN, JJ.

PER CURIAM:

This is an appeal from the denial of a motion to intervene by a member of a class in a class action. We consider whether this appeal was timely under Supreme Court Rule 6 and the underlying statute, 10 Del.C. § 145.

On December 5, 1980, the Court of Chancery in a memorandum opinion denied appellant's application to intervene. On the same date in the same opinion, a proposed settlement was...

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