HOLLINGER INC., a Canadian corporation, and 504468 N.B. Inc., a New Brunswick corporation, Plaintiffs,
v.
HOLLINGER INTERNATIONAL, INC., a Delaware corporation, Defendant.
Court of Chancery of Delaware, New Castle County.https://leagle.com/images/logo.png
Submitted: July 23, 2004.
Decided: July 29, 2004.
Attorney(s) appearing for the Case
A. Gilchrist Sparks, III, Kenneth J. Nachbar, R. Judson Scaggs, Jr., Megan Ward Cascio, Andrew H. Lippstone, Morris, Nichols, Arsht & Tunnell, Wilmington, DE; Nathan P. Eimer, David M. Stahl, Andrew G. Klevorn, Vanessa G. Jacobsen, Eimer, Stahl, Klevorn and Solberg, L.L.P., Chicago, IL, for Plaintiffs.
David C. McBride, Bruce L. Silverstein, Rolin P. Bissell, Christian Douglas Wright, Glenn C. Mandalas, Karen E. Keller, Young Conaway Stargatt & Taylor, L.L.P., Wilmington, DE; Martin Flumenbaum, Daniel J. Kramer, Robert A. Atkins, Robert N. Kravitz, Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P., New York City, for Defendant.
Court of Chancery of Delaware, New Castle County.
OPINION
STRINE, Vice Chancellor.
If the questions resolved in this lengthy opinion could be distilled to three, they would be as follows:
1. Has the judiciary transmogrified the words "substantially all" in § 271 of the Delaware General Corporation Law into the words "approximately half"?2. Does a controlling stockholder whose own involvement in misconduct has resulted in legal inhibitions on its exercise of control nonetheless have...
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