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EMPIRE OF CAROLINA, INC. v. DELTONA CORP.

514 A.2d 1091 (1985)

EMPIRE OF CAROLINA, INC., a Delaware corporation, Plaintiff-Appellant, v. The DELTONA CORPORATION, a Delaware corporation, Frank E. Mackle, Jr., Frank E. Mackle, III, Neil E. Bahr, Thomas B. McNeil, Edgar N. Moore, William N. O'Dowd, Jr. and Conrad S. Young, Defendants-Appellees.

Supreme Court of Delaware.

Decided: November 6, 1985.

Opinion Issued: September 19, 1986.

Attorney(s) appearing for the Case

A. Gilchrist Sparks, III (argued) and Kenneth J. Nachbar of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiff-appellant.

Scott J. Davis (argued) of Mayer, Brown & Platt, Chicago and Allen M. Terrell, Jr., Jesse A. Finkelstein and Kevin Abrams of Richards, Layton & Finger, Wilmington, for defendants-appellees.

Before CHRISTIE, C.J., HORSEY and MOORE, JJ.

HORSEY, Justice:

Empire of Carolina, Inc., a Delaware corporation ("Empire"), appeals a decision of the Court of Chancery denying its application for a preliminary injunction against Deltona Corporation, a Delaware corporation ("Deltona"), and Deltona's Board of Directors. Empire, as a shareholder of Deltona, sought injunctive relief to prevent Deltona's Board from setting on October 10, 1985 a stock record date of November...

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