OBERLY v. HOWARD HUGHES MEDICAL INSTITUTE


472 A.2d 366 (1984)

Charles M. OBERLY, III, Attorney General of the State of Delaware, Plaintiff, v. HOWARD HUGHES MEDICAL INSTITUTE, a Delaware corporation, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: January 6, 1984.


Attorney(s) appearing for the Case

Bartholomew J. Dalton, Chief Deputy Atty. Gen., and Richard L. Sutton, and Marguerite A. Conan of Morris, Nichols, Arsht & Tunnell, Wilmington, for the Attorney General.

Henry N. Herndon, Jr., Edward M. McNally, and P. Clarkson Collins, Jr., of Morris, James, Hitchens & Williams, Wilmington, and Sherwin J. Markman, Joseph M. Hassett, Jean S. Moore, and Elizabeth B. Heffernan, of Hogan & Hartson, Washington, D.C., for defendant.


BROWN, Chancellor.

This is an action which seeks to determine who is lawfully entitled to be in control of the defendant Howard Hughes Medical Institute, a nonstock charitable corporation formed under the Delaware General Corporation Law. The action was filed jointly in 1978 by the Attorney General and by William H. Lummis, the Delaware Ancillary Administrator of the estate of the late Howard R. Hughes. The original complaint alleged that the certificate of incorporation...

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