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BOX v. BOX

No. 282, 1997.

697 A.2d 395 (1997)

Don D. BOX and Box Control, LLC, Plaintiffs Below, Appellants, v. Gary D. BOX and Douglas D. Box, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: July 29, 1997.

Attorney(s) appearing for the Case

M. Duncan Grant (argued), Daniel V. Folt and Tara L. Lattomus of Pepper, Hamilton & Scheetz, LLP, Wilmington, for appellants.

Robert K. Payson, Kevin R. Shannon (argued) and Roger D. Anderson of Potter, Anderson & Corroon, Wilmington, for Appellee Gary D. Box.

Joseph C. Schoell of Morris, James, Hitchens & Williams, Wilmington, for Appellee Douglas D. Box.

Before VEASEY, C.J., WALSH, HOLLAND, HARTNETT and BERGER, JJ, constituting the Court en Banc.

PER CURIAM:

In this case we decide that a first-filed statutory summary proceeding in the Delaware Court of Chancery to determine the validity of the election of directors should proceed expeditiously. We reach this determination notwithstanding the pendency of a second-filed suit in a Texas state court where the Texas action encompasses the same subject matter as the Delaware action, but is broader in scope, and the Texas action is actively proceeding toward an early...

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