COMPAQ COMPUTER CORP. v. HORTON


631 A.2d 1 (1993)

COMPAQ COMPUTER CORPORATION, a Delaware corporation, Defendant Below, Appellant, v. Charles E. HORTON and Cede & Co., a New York Partnership, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: October 4, 1993.


Attorney(s) appearing for the Case

Allen M. Terrell, Jr., Frederick L. Cottrell, III, David L. Finger, Richards, Layton & Finger, Wilmington, William E. Wurtz (argued), Davis Polk & Wardwell, New York City, of counsel, for appellant.

Joseph Grey (argued), April Caso Ishak, Bruce E. Jameson, Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Stuart J. Starry, Fleming, Hovenkamp & Gray, Houston, TX, of counsel, for appellees.

William O. LaMotte, III, A. Gilchrist Sparks, III, Morris, Nichols, Arsht & Tunnell, Wilmington, for amicus curiae The Business Roundtable.

Before HORSEY, MOORE and HOLLAND, JJ.


MOORE, Justice.

This is a stocklist case arising under 8 Del.C. § 220(b) of our General Corporation Law. The issue is whether a shareholder states a proper purpose for inspection under our statute in seeking to solicit the participation of other shareholders in legitimate non-derivative litigation against the defendant corporation. The Court of Chancery found that the litigation concerned alleged corporate wrongdoing...

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