BERGSTEIN v. TEXAS INTERN. CO.


453 A.2d 467 (1982)

Martin BERGSTEIN and William B. Weinberger, Plaintiffs, v. TEXAS INTERNATIONAL COMPANY, et al., Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: October 4, 1982.

As Amended: October 12, 1982.


Attorney(s) appearing for the Case

Joseph A. Rosenthal, Morris & Rosenthal, P.A., Wilmington, and Philip R. Brookmeyer, of Arthur N. Abbey, and Lester L. Levy, Wolf, Popper, Ross, Wolf & Jones, New York City, for plaintiffs.

William Prickett, and Michael Hanrahan, Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, and Daniel S. Greenfeld, and Michael L. Hirschfeld, Seyfarth, Shaw, Fairweather & Geraldson, New York City, for defendants.


HARTNETT, Vice Chancellor.

Defendants moved to dismiss this stockholder's derivative suit because plaintiffs did not make a demand for corrective action on the Board of Directors of the corporation before instituting suit and arguably did not allege with sufficient particularity in the complaint the reasons for failing to make a demand. The motion is without merit and must be denied.

I

On July 7, 1981 plaintiff...

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