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GLAZER v. ZAPATA CORP.

Civ. A. No. 12958.

658 A.2d 176 (1993)

Malcolm I. GLAZER, Plaintiff, v. ZAPATA CORPORATION, a Delaware corporation, Ronald C. Lassiter, Thomas H. Bowersox, B. John Mackin, Jack T. Trotter, Edwin C. Broun, Michael B. Morris, and Daniel P. Whitty, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: May 14, 1993.

Attorney(s) appearing for the Case

Lawrence A. Hamermesh, Kenneth J. Nachbar, William M. Lafferty, David G. Thunhorst and Seth D. Rigrodsky, of Morris, Nichols, Arsht & Tunnell, Wilmington (Beryl Nusbaum, Harry P. Messina, Jr., Ralph K. Merzbach and Gordon E. Forth of Woods, Oviatt, Gilman, Sturman & Clarke, Rochester, NY, of counsel), for plaintiff.

Charles F. Richards, Jr., Thomas A. Beck, Anne C. Foster, Michael J. Feinstein, Scott R. Haiber and Lisa A. Paolini, of Richards, Layton & Finger, Wilmington (Baker & Botts, Houston, TX, of counsel), for defendants.

ALLEN, Chancellor.

On July 21, 1992 Malcolm I. Glazer made a Schedule 13D filing with the Securities Exchange Commission disclosing that over the course of that month he had acquired 38.8% of the voting stock of Zapata Corporation, a Delaware corporation. Prior to that time Mr. Glazer had not been a stockholder of Zapata. In his Schedule 13D filing Mr. Glazer indicated that he "had no definite plan at this time ... [but]...

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