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LEWIS v. ARONSON

466 A.2d 375 (1983)

Harry LEWIS, Plaintiff, v. Senior ARONSON, I.W. Burnham, II, Richard E. Deems, Leo R. Fink, Roger A. Gerber, Theodore P. Glueck, IB. J. Goldschmidt, Saul Duff Kronovet, Robert Schlageter, Poul Andreassen and Meyers Parking System, Inc., Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: March 31, 1983.

Revised: May 26 and July 15, 1983.

Motion for Reargument Submitted: April 14, 1983.

Decided: May 25, 1983.

Revised: July 15, 1983.

Attorney(s) appearing for the Case

Joseph A. Rosenthal, Morris & Rosenthal, P.A., Wilmington, and Irving Bizar, Pincus, Ohrenstein, Bizar, D'Allesandro & Solomon, New York City, for plaintiff.

Peter M. Sieglaff, Potter, Anderson & Corroon, Wilmington, and Kaye, Scholer, Fierman, Hays & Handler, New York City, for defendants.

HARTNETT, Vice Chancellor.

Defendants moved to dismiss this stockholder's derivative suit because of the failure of the plaintiff to make a demand on the Board of Directors of the corporate defendant prior to the filing of suit and because of the failure of the plaintiff to adequately demonstrate the futility of making the demand. The motion must be denied.

I

The plaintiff, Harry Lewis, filed this stockholder...

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