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MFC BANCORP LTD. v. EQUIDYNE CORP.

C.A. No. 20386.

844 A.2d 1015 (2003)

MFC BANCORP LTD., Plaintiff, v. EQUIDYNE CORPORATION, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided August 13, 2003.

Attorney(s) appearing for the Case

Brett D. Fallon, Thomas E. Hanson, and Christina M. Thompson, Morris, James, Hitchens & Williams LLP, Wilmington, Delaware; James V. Kearney, and Noreen A. Kelly-Najah, Latham & Watkins, LLP, New York, New York, for Plaintiff.

Thomas A. Beck, Richards, Layton & Finger, Wilmington, Delaware; Kevin C. Logue, Paul, Hastings, Janofsky & Walker LLP, New York, New York, for Defendant.

OPINION

STRINE, Vice Chancellor.

In this opinion, I resolve plaintiff MFC Bancorp Ltd.'s ("MFC") request for summary judgment pursuant to 8 Del. C. § 211. Plaintiff MFC is a large stockholder of defendant Equidyne Corporation, and wishes to conduct a proxy fight to unseat the incumbent board at the next annual meeting. On May 24, 2003, Roy Zanatta, MFC's secretary, wrote the Equidyne board asking for Equidyne to announce the date of the 2003...

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