GENGER v. TR INVESTORS, LLC

No. 592, 2010.

26 A.3d 180 (2011)

Arie GENGER, Defendant/Counterclaim Plaintiff-Below, Appellant, v. TR INVESTORS, LLC, Glenclova Investment Co., New TR Equity I, LLC, New TR Equity II, LLC, and Trans-Resources, Inc., Plaintiffs/Counterclaim Defendants-Below, Appellees.

Supreme Court of Delaware.

Decided: July 18, 2011.


Attorney(s) appearing for the Case

Stephen P. Lamb, Esquire (argued), of Paul, Weiss, Rifkind, Wharton & Garrison LLP, Wilmington, Delaware; Of Counsel: Eric Alan Stone and Jaren Elizabeth Janghorbani, Esquires , of Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, New York; for Appellant.

Thomas J. Allingham II (argued), Anthony W. Clark and Robert A. Weber, Esquires , of Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, Delaware; for Appellees.

Kevin F. Brady, Esquire , of Connolly Bove Lodge & Hutz LLP, Wilmington, Delaware; Of Counsel: Daniel B. Garrie, Esquire , of Focused Solution Recourse Delivery Group, LLC, Bellevue, Washington; for Amici Curiae Focused Solution Resource Delivery Group, the Organization of Legal Professionals, and Security Mentors, LLC.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.


JACOBS, Justice:

This appeal arises out of a contest for control of Trans-Resources, Inc. ("Trans-Resources"), a Delaware corporation. The Trump Group, whose members are the plaintiffs-below appellees,1 brought a Court of Chancery action under 8 Del. C. § 2252 against Arie Genger ("Genger"), the defendant-below appellant,3 to determine which stockholder group possessed...

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