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AGR HALIFAX FUND, INC. v. FISCINA

Civil Action No. 17226.

743 A.2d 1188 (1999)

AGR HALIFAX FUND, INC., AG Super Fund International, Partners, L.P., Ambro International, S.A., Gam Arbitrage Investments, Inc., Leonardo, L.P., Ramius Fund, Ltd., and Raphael., L.P., Plaintiffs, v. Peter J. FISCINA, Myron M. Blumenthal, Vincent DeVita, Jr., and Certified Diabetic Services, Inc., a Delaware corporation, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: August 3, 1999.

As Revised: August 10, 1999.

Attorney(s) appearing for the Case

Andre G. Bouchard and Joel Friedlander, of Bouchard, Margules, Friedlander & Maloneyhuss, Wilmington, for Plaintiffs.

Gregory V. Varallo and Kelly A. Herring, of Richards, Layton & Finger, Wilmington, for Defendants.

OPINION

JACOBS, Vice Chancellor.

Pending is a motion for summary judgment in this action brought under 8 Del. C. § 225 to determine the lawful directors of defendant Certified Diabetic Services, Inc. ("CDS"), a Delaware corporation. The petitioners, who claim to be holders of record of a majority of CDS common stock, contend that on June 14, 1999 they executed and delivered written consents that had operated to (a) remove the individual...

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