In re SOUTHWEST SUPERMARKETS, LLC, Southwest Holdings, LLC, Debtors.
Daniel P. Collins, Trustee for the Bankruptcy Estate of Southwest Supermarkets, LLC; Southwest Holdings, LLC, Plaintiffs,
v.
Kohlberg and Company, et al., Defendants.
United States Bankruptcy Court, D. Arizona.https://leagle.com/images/logo.png
September 25, 2007.
September 25, 2007.
Attorney(s) appearing for the Case
Curt W. Clausen, Lucia Stark Williamson LLP, Phoenix, AZ, Marty Harper, Gary D. Ansel, Andrew S. Jacob, Kelly J. Flood, Rebekah W. Francis, Shughart Thomson & Kirlroy, for Plaintiffs.
Daniel P. Collins, Collins, May, Potenza, Baran & Gillespie, P.C., Chapter 11 Trustee.
Charles A. Blanchard, Richard M. Lorenzen, Perkins Coie Brown & Bain, PA, for Kohlberg and Company, KSSI Management, Koco Investors I.
Leslie G. Fagen, Robert N. Kravitz, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City, for Kohlberg and Company.
Richard A. Segal, Sean P. O'Brien, Gust Rosenfeld, PLC, for Defendant Miller and Park.
William Novotny, Robert A. Shull, Mariscal, Weeks, McIntyre & Friedlander, for Defendants Vigil, Beaith, Sielaff, Gaubert, Williams, Vannatta, Gentles and Gioia.
James E. Cross, Dawn L. Dauphine, Osborn Maledon, P.A., for Defendants Peck, Paine, Lacovara, Jerome Kohlberg, James Kohlberg, Gildehaus, Frieder, Farley, Dordelman, Capone, Bhonsle, KSSI G.P. II, KSSI G.P. and Kohlberg and Company, L.P.
Doug Tobler, Hammond & Tobler, P.C, for Geele.
Howard W. Meyer, for Kromer.
United States Bankruptcy Court, D. Arizona.
OPINION VACATING PORTION OF PREVIOUS OPINION
RANDOLPH J. HAINES, Bankruptcy Judge.
This issue here, again, is whether, under Delaware law, the officers and directors of a wholly owned subsidiary owe fiduciary duties to the subsidiary, or only to its parent. In Collins I,1 this Court concluded that the Delaware Supreme Court's decision in Anadarko2 held the subsidiary's directors' fiduciary...
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