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STROUD v. MILLIKEN ENTERPRISES, INC.

552 A.2d 476 (1989)

W.B. Dixon STROUD, Jr., Morris W. Stroud, Agnes S. Peelle, and Anne S. Bradford, Plaintiffs Below, Appellants, v. MILLIKEN ENTERPRISES, INC., a Delaware corporation, Dr. George C. Dacey, Dr. T.J. Malone, Roger Milliken, H.W. Jockers, Dr. H. Keith Brodie, Minot K. Milliken, F.G. Rodgers, J. Peter Grace, Rene C. McPherson, and Gerrish Milliken, Defendants Below, Appellees.

Supreme Court of Delaware.

Resubmitted on Supplemental Briefing: October 19, 1988.

Decided: January 12, 1989.

Attorney(s) appearing for the Case

William Prickett (argued), Michael Hanrahan, and Philip B. Obbard, of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for appellants.

Andrew B. Kirkpatrick, Jr. (argued), Andrew M. Johnson, and Mary B. Graham, of Morris, Nichols, Arsht & Tunnell, Wilmington, for appellee Milliken Enterprises, Inc.

David A. Jenkins, and Clark W. Furlow, of Lassen Smith Katzenstein & Furlow, Wilmington, for Individual appellees.

Before HORSEY, MOORE and WALSH, JJ.

HORSEY, Justice:

Following briefing and oral argument on September 13, 1988 on the merits of this appeal from a decision and order of the Court of Chancery, this Court issued a notice to show cause, by Order dated September 22, 1988. The Order directed the shareholder plaintiffs of Milliken Enterprises, Inc. ("Milliken"), a Delaware corporation, to show cause why the appeal should not be dismissed on alternate grounds: that...

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