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LOBATO v. HEALTH CONCEPTS IV, INC.

Civ. A. No. 12203.

606 A.2d 1343 (1991)

Robert LOBATO and LeAnn Lobato, Plaintiffs, v. HEALTH CONCEPTS IV, INC., a Delaware corporation, Jack F. Lewis, Mike D. Case and Howard Brenneman, Defendants.

Chancery Court of Delaware, New Castle County.

Decided October 29, 1991.

Attorney(s) appearing for the Case

David C. McBride, and Josy W. Ingersoll, of Young, Conaway, Stargatt & Taylor, Wilmington, Of Counsel: David W. Holden, Ronald E. Goins, and Ellen E. Gallagher, of Holliman, Langholz, Runnels & Dorwart, Tulsa, Okl., for plaintiffs.

R. Franklin Balotti, Thomas A. Beck, and David L. Finger, of Richards, Layton & Finger, Wilmington, for defendants.

OPINION

BERGER, Vice Chancellor.

Robert and LeAnn Lobato (collectively "Lobato") filed this action pursuant to 8 Del.C. § 225 to determine whether defendants Jack F. Lewis ("Lewis"), Mike D. Case and Howard Brenneman were validly elected directors of defendant Health Concepts IV, Inc. ("HCIV"). The election in question took place at an annual meeting on June 19, 1991, and the sole issue is whether there was a quorum at that meeting. There were...

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