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MERRITT v. COLONIAL FOODS, INC.

505 A.2d 757 (1986)

Henry MERRITT, Plaintiff, v. COLONIAL FOODS, INC., Jobemo Corporation, Joel Opatut, Ben Opatut, Morris Opatut, and Charles A. Culley, Jr., Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: January 7, 1986.

Attorney(s) appearing for the Case

Pamela S. Tikellis of Biggs & Battaglia, Wilmington, and Alfred V. Greco and Raymond F. Gregory, New York, for plaintiff.

Joseph A. Rosenthal of Morris & Rosenthal, P.A., Wilmington, and Lawrence Greenapple of Aurnou, Bobrow, Greenapple, Kurzman & Midler, New York, for defendants.

OPINION

ALLEN, Chancellor.

Pending are cross motions for summary judgment and partial summary judgment in this class action challenging the fairness of a 1979 cash-out merger involving Colonial Foods Corporation, a Delaware corporation. The defendants, directors and controlling shareholders of Colonial, have moved for summary judgment on the grounds (i) that the merger was effected pursuant to a Notice of Merger and Information Statement that made full and...

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