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HEINEMAN v. DATAPOINT CORP.

611 A.2d 950 (1992)

Stanley HEINEMAN, Plaintiff Below, Appellant, v. DATAPOINT CORPORATION, Asher B. Edelman, Edward P. Gistaro, Doris D. Bencsik, Raymond French, Daniel R. Kail, Clark P. Mandigo, Charles P. Stevenson, Jr., and Dwight D. Sutherland, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: August 5, 1992.

Attorney(s) appearing for the Case

Norman M. Monhait (argued), Rosenthal, Monhait, Gross & Goddess, P.A., Wilmington (Ernest T. Kaufmann, Kaufman, Malchman, Kaufmann & Kirby, Los Angeles, Cal., of counsel), for appellant.

Rodman Ward, Jr., Randolph K. Herndon (argued), and Matthew F. Boyer, Skadden, Arps, Slate, Meagher & Flom, Wilmington, for individual defendants.

Clark W. Furlow, Smith, Katzenstein & Furlow, Wilmington, for Datapoint Corp.

Before HORSEY, WALSH and HOLLAND, JJ.

WALSH, Justice:

This is an appeal from the Court of Chancery's dismissal of a stockholder's derivative suit alleging corporate waste and breach of fiduciary duty. The court dismissed the plaintiff's amended complaint for failure to allege with particularity facts sufficient to excuse demand that the corporation's board of directors prosecute this action. The court also denied the stockholder permission to amend his complaint...

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