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BENTAS v. HASEOTES

C.A. No. 17223.

769 A.2d 70 (2000)

Lily H. BENTAS, Byron Haseotes and Cumberland Farms, Inc., Plaintiffs, v. Demetrios B. HASEOTES and George Haseotes, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: March 6, 2000.

Revised: March 9, 2000.

Attorney(s) appearing for the Case

Jesse A. Finkelstein, Catherine G. Dearlove and Janine M. Salomone, of Richards, Layton & Finger, P.A., Wilmington, Delaware; for Plaintiffs.

Judith Nichols Renzulli, of Duane, Morris & Heckscher LLP, Wilmington, Delaware; and Robert J. Valihura, Jr., of Robert J. Valihura, Jr., P.A., Wilmington, Delaware; and William F. Griffin, Jr., of Davis Malm & D'Agostine P.C., Boston, Massachusetts; for Defendants.

OPINION

JACOBS, Vice Chancellor.

Pending is the plaintiffs' renewed motion for appointment of a custodian for Cumberland Farms, Inc. ("the Company") under 8 Del. C. § 226(a)(1). The principal issues are (i) whether that statute empowers this Court to appoint a custodian for a Delaware corporation where the shareholders are deadlocked on the election of some, but not all, of the directors, and ...

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