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ALLISON v. PRESTON

Civ. A. No. 13538.

651 A.2d 772 (1994)

John A. ALLISON and John F. Kooken, Plaintiffs, v. Seymour PRESTON, Jr., and Andrew F. Puzder, Defendants, and The Corporation Trust Company, Michael J. Barbera and Frank J. Obara, Jr., Nominal Defendants.

Court of Chancery of Delaware, New Castle County.

Date Decided: July 29, 1994.

Attorney(s) appearing for the Case

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

William O. LaMotte, III, Thomas R. Hunt, Jr., and Michael L. Vild, Morris, Nichols, Arsht & Tunnell, Wilmington (Milbank Tweed Hadley & McCloy, New York City, of counsel), for defendants Seymour Preston, Jr., and Andrew F. Puzder.

OPINION

CHANDLER, Vice Chancellor.

This is an action pursuant to 8 Del.C. §§ 225 and 231, in which plaintiffs, John A. Allison and John F. Kooken (collectively "plaintiffs"), seek a declaration that they are duly elected directors of US Facilities Corporation ("US Facilities"), instead of defendants, Seymour Preston, Jr. and Andrew F. Puzder (the "Fidelity Directors"). Plaintiffs, shareholders and former directors of US Facilities...

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