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GILLILAND v. MOTOROLA, INC.

C.A. No. 411-N.

873 A.2d 305 (2005)

Nick GILLILAND, Plaintiff, v. MOTOROLA, INC. and Next Level Communications, Inc., Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: March 4, 2005.

Attorney(s) appearing for the Case

Ronald A. Brown, Jr., Prickett, Jones & Elliott, P.A., Wilmington, DE, for the Plaintiff.

Kenneth J. Nachbar, Megan Ward Cascio, Morris, Nichols, Arsht & Tunnell, Wilmington, DE; Stephen M. Sacks, Arnold & Porter, L.L.P., Washington, DC, for the Defendants.

OPINION AND ORDER

LAMB, Vice Chancellor.

I.

In an earlier opinion, this court found that a majority stockholder breached its fiduciary duty by making incomplete disclosures in a notice of short-form merger sent in connection with the second step of a two-step going-private transaction. That opinion left unresolved what relief might be available to remedy this misconduct. The plaintiff, a former stockholder, now moves for an order determining...

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