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SUTHERLAND v. SUTHERLAND

C.A. No. 2399-VCL.

968 A.2d 1027 (2008)

Martha S. SUTHERLAND, as Trustee of the Martha S. Sutherland Revocable trust dated August 18, 1976, Plaintiff, v. Perry H. SUTHERLAND, Todd L. Sutherland, and Mark B. Sutherland, Defendants, and Dardanelle Timber Co., Inc., and Sutherland Lumber Southwest, Inc., Nominal Defendants.

Court of Chancery of Delaware.

Decided: May 29, 2008.

Attorney(s) appearing for the Case

J. Travis Laster, Esquire, Matthew F. Davis, Esquire, Abrams & Laster, LLP, Wilmington; Bonita L. Stone, Esquire, Stewart T. Kusper, Esquire, Katten Muchin Rosenman, LLP, Chicago, IL, for the Plaintiff.

Robert S. Saunders, Esquire, Skadden Arps Slate Meagher & Flom, LLP, Wilmington, for the Individual Defendants.

A. Gilchrist Sparks, III, Esquire, S. Mark Hurd, Esquire, Jay N. Moffitt, Esquire, Morris Nichols Arsht & Tunnell, LLP, Wilmington, for the Nominal Defendants.

OPINION

LAMB, Vice Chancellor.

The nominal defendants, Dardanelle Timber Co., Inc. and its wholly owned subsidiary, Sutherland Lumber Southwest, Inc., move pursuant to Court of Chancery Rule 59(f) to reargue this court's May 5, 2008 denial of their motion to dismiss this derivative action based on the conclusions of a one-person special litigation committee ("SLC"). The companies argue that the court both misapplied the law and misapprehended material...

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