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PRESTON v. ALLISON

No. 296,1994.

650 A.2d 646 (1994)

Seymour PRESTON, Jr. and Andrew F. Puzder, Defendants Below-Appellants, v. John A. ALLISON and John F. Kooken, Plaintiffs Below-Appellees.

Supreme Court of Delaware.

Decided: December 14, 1994.

Attorney(s) appearing for the Case

William O. LaMotte, III, Thomas R. Hunt, Jr., Michael L. Vild of Morris, Nichols, Arsht & Tunnell, Wilmington, and Scott A. Edelman (argued); David J. Wolfson of Milbank Tweed Hadley & McCloy, New York City, of counsel, for appellants.

R. Franklin Balotti (argued), Daniel A. Dreisbach, Matthew J. Ferretti, and Todd C. Schiltz of Richards, Layton & Finger, Wilmington; Andrew E. Bogen of Gibson, Dunn & Crutcher, Los Angeles, CA, of counsel, for appellees.

Before VEASEY, C.J., WALSH and BERGER, JJ.

BERGER, Justice:

This is an appeal from a decision of the Court of Chancery overturning the results of an election of directors and declaring, pursuant to 8 Del.C. § 225, that appellees, John A. Allison and John F. Kooken, are the duly elected directors of US Facilities Corporation ("US Facilities"). The issue we address is whether an admitted mistake in effectuating beneficial stockholders' voting instructions should be corrected by the Court of Chancery...

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