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BENDER v. MEMORY METALS, INC.

514 A.2d 1109 (1986)

Susan BENDER, Plaintiff, v. MEMORY METALS, INC., a Delaware corporation, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: July 30, 1986.

Attorney(s) appearing for the Case

Louis J. Finger and Gregory V. Varallo of Richards, Layton & Finger, Wilmington, and Stein, Davidoff & Malito, New York City, for plaintiff.

A. Gilchrist Sparks, III, and Donald E. Reid, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant.

OPINION

JACOBS, Vice-Chancellor.

The plaintiff, Susan Bender, is the owner of 100,000 shares of the issued and outstanding common stock of defendant Memory Metals, Inc. ("Memory"). Ms. Bender filed this action on March 26, 1986, seeking to compel Memory to reissue to her a certificate for 100,000 shares of Memory common stock without the restrictive investment legend that is imprinted on her present certificate. In its answer Memory denied that it has any...

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