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ADVANCED MIN. SYSTEMS, INC. v. FRICKE

Civ. A. No. 11823.

623 A.2d 82 (1992)

ADVANCED MINING SYSTEMS, INCORPORATED, Plaintiff-Counterclaim Defendant, v. Richard A. FRICKE, Defendant-Counterclaim Plaintiff, v. Gary LUTIN, Bruce A. Cassidy, Earl L. Romsberg, James B. Pitts, U.L. Uebelhoer and Standard Industrial Systems, Inc., a Delaware corporation, Counterclaim Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: August 4, 1992.

Attorney(s) appearing for the Case

Lawrence A. Hamermesh, and Jon E. Abramczyk, of Morris, Nichols, Arsht & Tunnell, Wilmington, for Advanced Min. Systems, Inc., Gary Lutin, Earl L. Romsberg, James B. Pitts, U.L. Uebelhoer and Standard Indus. Systems, Inc.

Wayne N. Elliott, Michael Hanrahan, and Ronald A. Brown, Jr., of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for Richard A. Fricke.

Richard D. Kirk, of Morris, James, Hitchens & Williams, Wilmington, for Bruce A. Cassidy.

OPINION

ALLEN, Chancellor.

In this suit, Advanced Mining Systems, Inc., a Delaware corporation ("AMS"), charges Richard A. Fricke, its former President, with breaches of loyalty to the corporation while he was in office. Mr. Fricke has now moved to compel plaintiff to advance expenses reasonably incurred by him in connection with the defense of this suit. He claims a present right to the "interim advancement of indemnification payments" under Section 145...

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