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HARRIS v. CARTER

Civ. A. No. 8768.

582 A.2d 222 (1990)

Michael R. HARRIS, Plaintiff, v. Donald J. CARTER, Frederic E. Mascolo, Robert Lee Ager, Tom Devaney, Jean Demunck, Paul Johnson, Frank Jeffett, Murphy Martin, William J. Hendrix and Atlas Energy Corporation, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: May 4, 1990.

Attorney(s) appearing for the Case

Norman M. Monhait, and Robert Bria, of Morris, Rosenthal, Monhait & Gross, P.A., Wilmington, for plaintiff.

Mary B. Graham, and Richard D. Allen, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendants Donald J. Carter, Frank Jeffett, Murphy Martin and William J. Hendrix.

Steven D. Goldberg, of Theisen, Lank, Mulford & Goldberg, Wilmington, for defendants Tom Devaney and Atlas Energy Corp.

Judith Nichols Renzulli, David B. Ripsom, John L. Olsen, and Thomas P. Preston, of Duane Morris & Heckscher, Wilmington, for defendant Frederic E. Mascolo.

OPINION

ALLEN, Chancellor.

Two distinct groups of defendants have moved to dismiss the Amended and Supplemental Complaint in this action, ("amended complaint"). They assert (1) that the action was not properly instituted as the derivative action it purports to be (2) that the amended complaint does not state a claim upon which relief may be granted and (3) with respect to certain defendants, that the court lacks personal jurisdiction over them.

Certain...

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