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FASCIANA v. ELECTRONIC DATA SYSTEMS CORP.

C.A. No. 19753-NC.

829 A.2d 160 (2003)

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

Court of Chancery of Delaware, New Castle County.

Decided: February 27, 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.

Plaintiff John E. Fasciana seeks an advancement of litigation expenses from defendant Electronic Data Systems Corporation ("EDS") pursuant to § 145 of the Delaware General Corporation Law ("DGCL")1 and the bylaws of EDS. Fasciana has filed a motion for summary judgment. EDS has responded with its own cross-motion for summary judgment.

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