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BERSHAD v. CURTISS-WRIGHT CORP.

535 A.2d 840 (1987)

John BERSHAD, Plaintiff Below, Appellant, v. CURTISS-WRIGHT CORPORATION, a Delaware Corporation, and Dorr-Oliver Inc., a Delaware Corporation.

Supreme Court of Delaware.

Decided: December 30, 1987.

Attorney(s) appearing for the Case

Kevin Gross, of Morris and Rosenthal, P.A., Wilmington, and Lawrence Milberg (argued), and Steven Schulman, of Milberg, Weiss, Bershad, Specthrie & Lerach, New York City, of counsel, for appellant.

Robert K. Payson, (argued), and Arthur L. Dent, of Potter, Anderson & Corroon, Wilmington, for appellee Curtiss-Wright Corp.

A. Gilchrist Sparks, III, of Morris, Nichols, Arsht & Tunnell, Wilmington, for appellee Dorr-Oliver Inc.

Before HORSEY, MOORE and WALSH, JJ.

MOORE, Justice.

Plaintiff, John Bershad, brought this action against the defendants, Curtiss-Wright Corporation ("Curtiss-Wright") and Dorr-Oliver Incorporated ("Dorr-Oliver"), in the Court of Chancery, challenging a 1979 cash-out merger of Dorr-Oliver by its parent, Curtiss-Wright. Bershad alleged (1) that the merger was effectuated without a proper business purpose; and (2) that the shareholder vote approving the merger...

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