THORPE v. CERBCO, INC.

Civ. A. No. 11713.

611 A.2d 5 (1991)

Merle THORPE, Jr. and Foundation for Middle East Peace, a District of Columbia corporation, Plaintiffs, v. CERBCO, INC., a Delaware corporation, Robert W. Erikson, and George Wm. Erikson, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: November 15, 1991.


Attorney(s) appearing for the Case

Lawrence C. Ashby, Stephen E. Jenkins, and Keith R. Sattesahn, of Ashby, McKelvie & Geddes, Wilmington, Joseph M. Hassett, George H. Mernick, III, Albert W. Turnbull, and Gregory A. Kalscheur, of Hogan & Hartson, Washington, D.C., for plaintiffs.

Howard M. Handelman, Vernon R. Proctor, and John H. Newcomer, Jr., of Bayard, Handelman & Murdoch, P.A., Wilmington, for defendant CERBCO, Inc.

Michael Hanrahan, and Carla I. Brown, of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for defendants Robert W. Erikson and George Wm. Erikson.


OPINION

ALLEN, Chancellor

This derivative and class suit has been brought by holders of Class A common stock of CERBCO, Inc., a Delaware company. Defendants are the corporation itself and Robert W. and George Wm. Erikson. The Eriksons together own a preponderant majority of CERBCO's Class B common stock and, as a consequence, have the right to elect three of the corporation's four directors. They each serve as a director of CERBCO and an officer of the Company...

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