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AGRANOFF v. MILLER

Civil Action No. 16795.

734 A.2d 1066 (1999)

Stuart AGRANOFF, L. David Callaway III, and EMS Corp., Plaintiffs, v. Edward M. MILLER and William A. De Lorenzo, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: January 5, 1999.

Revised: January 8, 1999.

Attorney(s) appearing for the Case

Joel E. Friedlander, Bouchard, Friedlander & Maloneyhuss, Wilmington, Delaware; of Counsel: Stuart L. Shapiro, Shapiro & Allen, New York City, for Plaintiffs.

Robert K. Payson, Peter J. Walsh, Brian C. Ralston, Potter, Anderson & Corroon, Wilmington, Delaware, for Defendants.

OPINION

STRINE, Vice Chancellor.

Before me now in this action brought pursuant to 8 Del.C. § 225 is a motion for judgment on the pleadings. In this action, the plaintiffs EMS Corp. ("EMS"), Stuart Agranoff, and L. David Callaway III challenge a consent executed by defendant Edward M. Miller purporting to remove Agranoff and Callaway as directors of EMS. Miller and his co-defendant William A. De Lorenzo argue that: 1) EMS lacks standing to bring...

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