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BRODY v. ZAUCHA

No. 242, 1997.

697 A.2d 749 (1997)

Steven N. BRODY, Robert J. Smallacombe and Charles B. Jarrett, Defendants Below, Appellants, v. Thomas W. ZAUCHA, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: August 1, 1997.

Attorney(s) appearing for the Case

Andre G. Bouchard (argued), Joel Friedlander, of Lamb & Bouchard, Wilmington (Stuart L. Shapiro, Shapiro & Allen, New York City; Thomas E. Sweeney, Jr., of Sweeney & Associates P.C., Pittsburgh, PA, of counsel), for Appellants.

Martin P. Tully, William M. Lafferty, and S. Mark Hurd, of Morris, Nichols, Arsht & Tunnell, Wilmington (Steven H. Reisberg (argued), Jeffrey B. Finnell, Neil J. Squillante, John Stompor, Willkie Farr & Gallagher, New York City, of counsel), for Appellee.

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

BERGER, Justice.

Thomas W. Zaucha brought this action, pursuant to 8 Del. C. § 225, seeking confirmation that he and his nominees are the directors of Northstar Health Services, Inc. Appellants, three of the ousted Northstar directors, contest the disclosures made during Zaucha's solicitation of written consents as well as the timing of the consent solicitation. The Court of Chancery found no material omissions...

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