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EMPIRE OF CAROLINA, INC. v. DELTONA CORP.

501 A.2d 1252 (1985)

EMPIRE OF CAROLINA, INC., a Delaware corporation, Plaintiff, 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.

Court of Chancery of Delaware, New Castle County.

Decided: October 31, 1985.

Revised November 4, 1985.

Attorney(s) appearing for the Case

A. Gilchrist Sparks, III, Kenneth J. Nachbar, Michael Houghton (Morris, Nichols, Arsht & Tunnell, Wilmington, of counsel), Rubin, Baum, Levin, Constant & Friedman, New York City, for plaintiff.

Jesse A. Finkelstein, and Gregory V. Varallo (Richards, Layton & Finger, Wilmington, of counsel), Leo Herzel, Alan N. Salpeter, Scott J. Davis, and Daniel M. Harris, Mayer, Brown & Platt, Chicago, for defendants.

HARTNETT, Vice Chancellor.

The plaintiff, Empire of Carolina, Inc., seeks a preliminary injunction preventing defendants from enforcing a stockholder record date set by defendants in response to the solicitation by the plaintiff of written consents seeking to remove the Board of Directors of The Deltona Corporation. The plaintiff contends that defendants, The Deltona Corporation and its Board of Directors, acted in violation...

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