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KAUFMAN v. BELMONT

479 A.2d 282 (1984)

Samuel KAUFMAN, Plaintiff, v. Charles F. BELMONT, John R. Bonniwell, Jerome S. Coles, Alvin H. Schulman and Philip A. Hunt Chemical Corporation, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: May 8, 1984.

Attorney(s) appearing for the Case

Joseph A. Rosenthal, and Kevin Gross, Morris & Rosenthal, P.A., Wilmington, and Bertram Bronzaft, Garwin, Bronzaft & Gerstein, New York City, for plaintiff.

Jack B. Jacobs, and Bruce M. Stargatt, Young, Conaway, Stargatt & Taylor, Wilmington, and William C. Lucas, and Philip L. Graham, Jr., Sullivan & Cromwell, New York City, for individual defendants.

David A. Jenkins, William T. Allen, and Lewis S. Black, Morris, Nichols, Arsht & Tunnell, Wilmington, and M. Warren Browne, Philip A. Hunt Chemical Corp., Palisades Park, N.J., for corporate defendant.

HARTNETT, Vice Chancellor.

Defendants moved to dismiss this action or in the alternative for a summary judgment of dismissal because of the plaintiff's failure to make a demand on the Board of Directors of the corporation prior to instituting suit, as is required by Chancery Court Rule 23.1. The motion must be granted.

I

This stockholder's derivative action, brought in 1978 on behalf of the stockholders...

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