SCHREIBER v. CARNEY


447 A.2d 17 (1982)

Leonard I. SCHREIBER, Plaintiff, v. Robert J. CARNEY, Robert Garrett, I. H. Handmaker, A. Thomas Hickey, Francisco A. Lorenzo, Carl R. Pohlad, Howard P. Swanson, James W. Wilson, Jet Capital Corporation, and Texas International Airlines, Inc., Defendants.

Court of Chancery of Delaware, New Castle County.

Decided May 11, 1982.


Attorney(s) appearing for the Case

Victor F. Battaglia, Biggs & Battaglia, Wilmington, and Pincus, Ohrenstein, Bizar, D'Alessandro & Solomon, New York City, for plaintiff.

Rodman Ward, Jr., Skadden, Arps, Slate, Meagher & Flom, Wilmington, and Brian Sullivan, Dykema, Gossett, Spencer, Goednow & Trigg, Detroit, Mich., for defendants-Garrett, Hickey, Pohlad and Swanson.

A. Gilchrist Sparks, III, Morris, Nichols, Arsht & Tunnell, Wilmington, and George A. Davidson, and David W. Wiltenburg, Hughes, Hubbard & Reed, New York City, for defendants-Carney, Lorenzo, Wilson and Jet Capital Corp.

Jack B. Jacobs, Young, Conaway, Stargatt & Taylor, Wilmington, for defendant-Texas Intern. Airlines, Inc.


HARTNETT, Vice Chancellor.

In this stockholder's derivative action, Leonard I. Schreiber, the plaintiff, brought suit on behalf of defendant — Texas International Airlines, Inc. ("Texas International"), a Delaware corporation, challenging the propriety of a loan from Texas International to defendant — Jet Capital Corporation ("Jet Capital"), the holder of 35% of the shares of stock of Texas International. Also joined as individual defendants were Texas...

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