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BBC ACQUISITION v. DURR-FILLAUER MEDICAL

Civ. A. No. 12646.

623 A.2d 85 (1992)

BBC ACQUISITION CORP., a New Jersey corporation, Plaintiff, v. DURR-FILLAUER MEDICAL, INC., a Delaware corporation, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: August 10, 1992.

Attorney(s) appearing for the Case

Steven J. Rothschild and David J. Margules, of Skadden, Arps, Slate, Meagher & Flom, Wilmington, and Robert E. Zimet, of Skadden, Arps, Slate, Meagher & Flom, New York City, for plaintiff.

Jesse A. Finkelstein, Anne C. Foster, and Michael J. Feinstein, of Richards, Layton & Finger, Wilmington, William C. Sterling, Jr., Robert B. Mazur, Marc Wolinsky, and Lyon L. Roth, of Wachtell, Lipton, Rosen & Katz, New York City, and Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, AL, for defendant.

OPINION

JACOBS, Vice Chancellor.

This is the decision of the Court after trial in an action to compel inspection of corporate books and records pursuant to 8 Del.C. § 220. For the reasons discussed below, judgment will be entered in favor of the defendant.

I.

The facts are largely undisputed, but where disputed, they are as found herein. The plaintiff, BBC Acquisition Corp. ("BBC"),...

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