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WEST COAST MGMT. & CAPITAL, LLC v. CARRIER ACCESS CORP.

C.A. No. 2262-N.

914 A.2d 636 (2006)

WEST COAST MANAGEMENT & CAPITAL, LLC, Plaintiff, v. CARRIER ACCESS CORPORATION, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: November 14, 2006.

Attorney(s) appearing for the Case

Joseph A. Rosenthal, Rosenthal, Monhait & Goddess, P.A., Wilmington, DE; William B. Federman, Stuart W. Emmons, Federman & Sherwood, Oklahoma City, OK, for the Plaintiff.

Peter J. Walsh, Jr., Timothy R. Dudderar, Potter, Anderson & Corroon, LLP, Wilmington, DE; Boris Feldman, Douglas J. Clark, Karen T. Stefano, Kelley E. Moohr, Wilson Sonsini Goodrich & Rosati, Palo Alto, CA, for the Defendant.

OPINION

LAMB, Vice Chancellor.

I.

A stockholder derivative plaintiff that had judgment entered against it in the United States District Court for the District of Colorado for failure to plead demand futility, but without prejudice to the claims asserted on behalf of the corporation, seeks to inspect the corporation's books and records pursuant to 8 Del. C. § 220 to obtain information sufficient to adequately plead demand futility...

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