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FASCIANA v. ELECTRONIC DATA SYSTEMS CORP.

C.A. No. 19753-NC.

829 A.2d 178 (2003)

John E. FASCIANA, Plaintiff, v. ELECTRONIC DATA SYSTEMS CORPORATION, a Delaware corporation, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: July 1, 2003.

Attorney(s) appearing for the Case

David S. Eagle, Andrew O. Schiff, Klehr, Harrison, Harvey, Branzburg & Ellers, LLP, Wilmington, for Plaintiff.

Bruce E. Jameson, Prickett, Jones & Elliott, P.A., Wilmington; Dorothy Culham, Electronic Data Systems Corporation, Plano, TX, for Defendant.

OPINION

STRINE, Vice Chancellor.

In this decision, I resolve plaintiff John E. Fasciana's request for indemnification of litigation expenses incurred bringing this action pursuant to § 145 of the Delaware General Corporation Law1 to enforce his contractual right to obtain an advancement of litigation expenses from defendant Electronic Data Systems Corporation ("EDS").

Fasciana served as outside counsel to EDS. In...

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