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KAUNG v. COLE NAT. CORP.

No. 480, 2004.

884 A.2d 500 (2005)

Thomas T.S. KAUNG, Plaintiff-Below, Appellant, v. COLE NATIONAL CORPORATION, A Delaware Corporation Defendant-Below, Appellee.

Supreme Court of Delaware.

Decided July 5, 2005.

Attorney(s) appearing for the Case

John L. Reed (argued), Thomas P. McGonigle, Matt Neiderman, of Duane Morris, L.L.P., New Castle, DE, for appellant.

Donald J. Wolf, Jr., Arthur L. Dent, Joseph B. Cicero, of Potter, Anderson & Carroon, L.L.P. and Robert P. Duvin, Robert M. Wolff (argued), Barry Y. Freeman, of Duvin, Cahn & Hutton, Cleveland, OH, for appellee.

Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices.

RIDGELY, Justice:

This appeal challenges rulings of the Court of Chancery made in the context of an advancement proceeding for litigation expenses. The case was brought by the plaintiff-appellant, Thomas T.S. Kaung ("Kaung"), as a corporate officer under 8 Del. C. § 145 ("Section 145"), against the defendant-appellee, Cole National Corporation ("Cole"). The Court of Chancery ruled that Kaung was not entitled to...

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