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ODS TECHNOLOGIES, L.P. v. MARSHALL

C.A. No. 20527.

832 A.2d 1254 (2003)

ODS TECHNOLOGIES, L.P., Plaintiff, v. David M. MARSHALL, Charles F. Champion, Gary Adelson, Guy Chipparoni, James Edgar, Joseph F. Barletta and Youbet.Com, Inc. Defendants.

Court of Chancery of Delaware, New Castle County.

Decided September 25, 2003.

Attorney(s) appearing for the Case

Kevin G. Abrams, Srinivas M. Raju, J. Travis Laster (argued), Thad J. Bracegirdle, and John D. Hendershot, of Richards, Layton & Finger, Wilmington, Delaware; Baker Botts L.L.P., New York, New York, for Plaintiff, of counsel.

James P. Hughes, Jr. and John J. Paschetto, of Young, Conaway, Stargatt & Taylor, LLP, Wilmington, Delaware; Alan M. Fisch (argued), Kelly A. Clement, Brent H. Allen, Jason F. Hoffman, Alexander B. Berger, and Jennifer R. Bagosy, of Howrey Simon Arnold & White, LLP, Washington, D.C., for Defendants, of counsel.

OPINION

CHANDLER, Chancellor.

Plaintiff ODS Technology, L.P. d/b/a TVG Network ("TVG") filed this action on September 5, 2003. TVG seeks to enjoin Youbet.com, Inc. ("Youbet") from proceeding with its annual meeting of shareholders (the "Annual Meeting") pending the correction of alleged breaches of the duty of disclosure in connection with the Proxy Statement filed by Youbet in advance of the Annual Meeting. This Court expedited the proceedings and...

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