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LEWIS v. FUQUA

502 A.2d 962 (1985)

Harry B. LEWIS, Plaintiff, v. J.B. FUQUA, et al, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: November 12, 1985.

Revised: November 14, 1985.

Attorney(s) appearing for the Case

Joseph A. Rosenthal, and Norman M. Monhait (Morris and Rosenthal, P.A., Wilmington, of counsel), Steven Oestreich, Wolf, Popper, Ross, Wolf & Jones, New York City, for plaintiff.

A. Gilchrist Sparks, III, and Michael Houghton (Morris, Nichols, Arsht & Tunnell, of counsel), Collin Brown, E. Norman Veasey, Richards, Layton & Finger, Wilmington, for defendants.

HARTNETT, Vice Chancellor.

The corporate defendant, Fuqua Industries, Inc., moved to dismiss this stockholder derivative action pursuant to a recommendation of a Special Litigation Committee appointed by the Board of the corporation to inquire into the validity of the claims set forth in the Complaint. The motion must be denied because the movant has neither borne its burden of showing that the Special Litigation Committee...

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