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GLAZER v. PASTERNAK

No. 426/431, 1996.

693 A.2d 319 (1997)

Malcom I. GLAZER, Avram A. Glazer, Ronald C. Lassiter, Robert V. Leffler, W. George Loar and Zapata Corporation, Defendants Below, Appellants, v. Arnold PASTERNAK, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: May 5, 1997.

Attorney(s) appearing for the Case

Allen M. Terrell, Jr. (argued), Anne C. Foster, Catherine G. Wagner and Brigitte V. Fresco of Richards, Layton & Finger, Wilmington; Of Counsel: R. Paul Yetter of Baker & Botts, L.L.P., Houston, TX, for Appellants Lassiter, Leffler, Loar and Zapata Corporation.

Edward M. McNally, P. Clarkson Collins, Jr. and Joseph C. Schoell (argued), of Morris, James, Hitchens & Williams, Wilmington; Of Counsel: Beryl Nusbaum and Gordon E. Forth of Woods, Oviatt, Gilman, Sturman & Clarke, L.L.P., Rochester, NY, for Appellants Malcolm I. Glazer and Avram A. Glazer.

Elizabeth McGeever of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington; Of Counsel: Daniel F. Wake (argued), of Krendl, Horowitz & Krendl, Denver CO, for Appellee.

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

PER CURIAM:

Zapata Corporation and its directors (collectively "Zapata") appeal from a decision of the Court of Chancery enjoining a proposed merger between Houlihan's Restaurant Group, Inc. and a wholly-owned Zapata subsidiary. On the same day this appeal was docketed, a Zapata special committee announced the termination of the Houlihan's Merger Agreement. Appellee, a Zapata stockholder, moved to dismiss the appeal as moot. We conclude that the issue on appeal &...

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