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HABER v. BELL

465 A.2d 353 (1983)

Majorie M. HABER and Shirley Cherin, Trustees of a Trust for the benefit of Ciezkowski, Plaintiffs, v. W.M. BELL, III, W.L. Ford, J.H. Glasser, A.G. Hays, W.E. Humphrey, C.C. Ingram, J.A. McNeese, F.B. Muhlfeld, Oral Roberts, J.D. Scott, J.E. Tyree, G.R. Williams, M.D., S.L. Young and Oneok, Inc., Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: June 13, 1983.

Attorney(s) appearing for the Case

Joseph A. Rosenthal, Morris & Rosenthal, P.A., Wilmington, and Garwin, Bronzaft & Gerstein, New York City, for plaintiffs.

Andrew B. Kirkpatrick, Jr., and Donald F. Parsons, Morris, Nichols, Arsht & Tunnell, Wilmington, and John L. Arrington, Jr., and J. Clarke Kendall, II, Huffman, Arrington, Kihle, Gaberino & Dunn, Tulsa, Okl., for defendants, ONEOK, Inc., Bell, Ford, Glasser, Hays, Humphrey, Ingram, McNeese, Mulhfeld, Roberts, Williams, and Young.

Henry N. Herndon, Jr., and P. Clarkson Collins, Jr., Morris, James, Hitchens & Williams, Wilmington, for defendants, Scott and Tyree.

HARTNETT, Vice Chancellor.

Defendants have moved to dismiss this shareholder's derivative suit pursuant to Chancery Rule 12(b)(6) and Rule 23.1 because of plaintiffs' failure to make a pre-suit demand for redress on the directors of the corporation and the failure of the complaint to state with particularity the futility of making a demand. Defendants' motion to dismiss must be granted.

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