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HARMAN v. MASONEILAN INTERN., INC.

442 A.2d 487 (1982)

M. Lowell HARMAN, Plaintiff Below, Appellant, v. MASONEILAN INTERNATIONAL, INC., Studebaker-Worthington, Inc. and Worthington Corporation, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided February 9, 1982.

Attorney(s) appearing for the Case

Joseph A. Rosenthal (argued), of Morris & Rosenthal, P. A., Wilmington, for plaintiff-appellant; Wolf, Popper, Ross, Wolf & Jones, New York City, of counsel.

Jeffrey B. Rudman (argued), of Hale & Dorr, Boston, Mass., of counsel, and A. Gilchrist Sparks, III, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant-appellee Masoneilan Intern., Inc.

Rodman Ward, Jr. (argued), Carolyn Berger and James G. Wiles of Skadden, Arps, Slate, Meagher & Flom, Wilmington, for defendants-appellees Studebaker-Worthington, Inc. and Worthington Corp.

Before DUFFY, QUILLEN and HORSEY, JJ.

HORSEY, Justice, with DUFFY, Justice, joining:**

This appeal from our Court of Chancery raises an issue not explicitly addressed by this Court in Sterling v. Mayflower Hotel Corp., Del.Supr., 93 A.2d 107 (1952) and its progeny. Specifically, the issue is whether a complaint alleging breach of fiduciary duty by a majority shareholder in approving a merger...

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