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CELLULAR INFORMATION SYSTEMS, INC. v. BROZ

Civ. A. No. 14094.

663 A.2d 1180 (1995)

CELLULAR INFORMATION SYSTEMS, INC., a Delaware corporation, Plaintiff, v. Robert F. BROZ and RFB Cellular, Inc., a Delaware corporation, Defendants, and Mackinac Cellular Corp., Intervenor.

Court of Chancery of Delaware, New Castle County.

Decided: May 8, 1995.

Attorney(s) appearing for the Case

Richard D. Allen, Kenneth J. Nachbar, and Karen L. Pascale, of Morris, Nichols, Arsht & Tunnell, Wilmington; of counsel: Paul Vizcarrondo, Jr., Theodore N. Mirvis, Meir Feder, and Marc Ashley, of Wachtell, Lipton, Rosen & Katz, New York City, for plaintiff.

Stephen C. Norman, and Michael A. Pittenger, of Potter Anderson & Corroon, Wilmington, of counsel: Michael J. Silverberg, and Theodore C. Max, of Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for defendants.

Henry E. Gallagher, Jr., of Connolly, Bove, Lodge & Hutz, Wilmington, of counsel: Glenn D. Solomon, of Offit & Kurman, P.A., Owings Mills, MD, for Mackinac Cellular Corp.

OPINION

ALLEN, Chancellor.

The claim asserted is for usurpation of a corporate opportunity. As described below, a curious circumstance renders the factual context of the claim unique. The opportunity allegedly usurped is a chance to acquire certain assets from Mackinac Cellular Corporation, most importantly a license granted by the Federal Communications Commission to build and operate a cellular telecommunications system on the eastern tip of Michigan's...

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