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KAHN v. LYNCH COMMUNICATION SYSTEMS

No. 169, 1995.

669 A.2d 79 (1995)

Alan R. KAHN, as custodian for Amanda Kahn and Kimberly Kahn, Plaintiff Below, Appellant, v. LYNCH COMMUNICATION SYSTEMS, INC., Compagnie Generale d'Electricite, Alcatel, S.A., Alcatel USA Corp., Frank M. Drendel, Raymond Hono, Francois H. de Laage de Meux, John Gailey and Gilles DuPay-d'Ageac, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: November 22, 1995.

Attorney(s) appearing for the Case

Victor F. Battaglia and Robert D. Goldberg, Biggs and Battaglia, Wilmington, and Joan T. Harnes (argued), Silverman, Harnes & Harnes, New York City, for Appellant.

Allen M. Terrell, Jr. (argued), and John T. Dorsey, Richards, Layton & Finger, Wilmington, for Appellees.

Before WALSH, HOLLAND, and HARTNETT, Justices.

WALSH, Justice:

This is the second appeal in this shareholder litigation after a Court of Chancery ruling in favor of the defendants. The underlying dispute arises from a cash-out merger of Lynch Communications System, Inc. ("Lynch") into a subsidiary of Alcatel USA, Inc. ("Alcatel"). In the previous appeal, this Court determined that Alcatel, as a controlling shareholder of Lynch, dominated the merger negotiations despite...

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