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GIURICICH v. EMTROL CORP.

449 A.2d 232 (1982)

Nicholas L. GIURICICH and Bodo Kalen, Individually, Plaintiffs Below, Appellants, v. EMTROL CORPORATION, a Delaware Corporation, Robert G. Fournie, Earle J. Kennedy, Jr., Kenneth B. Hardy, Jr., Robert G. Fournie, Jr., and Earle J. Kennedy, III, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: July 30, 1982.

Attorney(s) appearing for the Case

William Prickett, John H. Small of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for plaintiffs below, appellants; Kenneth A. Lapatine of Carro, Spanbock, Londin, Fass & Geller, New York City, and Michael L. Hirschfeld (argued) of Seyfarth, Shaw, Fairweather & Geraldson, New York City, of counsel.

David A. Drexler, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendants below, appellees; Lewis R. Mills (argued) of Peper, Martin, Jensen, Maichel & Hetlage, St. Louis, Mo., of counsel.

Before HERRMANN, C. J., McNEILLY, QUILLEN, HORSEY and MOORE, JJ., constituting the Court

HERRMANN, Chief Justice.

The plaintiffs appeal the denial by the Court of Chancery of their petition for the appointment of a custodian pursuant to 8 Del.C. § 226(a)(1),1 despite the existence of a shareholder deadlock between the plaintiffs, who own 50% of the stock of defendant Emtrol Corporation (hereinafter "Emtrol"), and Continental Boilerworks, Inc., (hereinafter "Continental...

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