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SEINFELD v. SLAGER

Civil Action No. 6462-VCG.

FRANK DAVID SEINFELD, Plaintiff, v. DONALD W. SLAGER; JAMES E. O'CONNOR; JOHN W. CROGHAN; TOD C. HOLMES; DAVID I. FOLEY; RAMON A. RODRIGUEZ; MICHAEL W. WICKHAM; JAMES W. CROWNOVER; NOLAN LEHMANN; ALLAN C. SORENSEN; WILLIAM J. FLYNN; W. LEE NUTTER; JOHN M. TRANI; MICHAEL LARSON; and REPUBLIC SERVICES, INC., Defendants.

Court of Chancery of Delaware.

Decided: June 29, 2012.

Attorney(s) appearing for the Case

Robert D. Goldberg , of BIGGS AND BATTAGLIA, Wilmington, Delaware; OF COUNSEL: Alexander Arnold Gershon and Michael A. Toomey , of BARRACK, RODOS & BACINE, New York, New York; Daniel E. Bacine , of BARRACK, RODOS & BACINE, Philadelphia, Pennsylvania, Attorneys for Plaintiffs.

Andre G. Bouchard , of BOUCHARD MARGULES & FRIEDLANDER, P.A., Wilmington, Delaware; OF COUNSEL: Michele Odorizzi , of MAYER BROWN LLP, Chicago, Illinois, Attorneys for Defendant Republic Services, Inc.

Daniel A. Dreisbach , Allen M. Terrell, Jr. , and Susan Hannigan , of RICHARDS, LAYTON & FINGER, P.A., Wilmington, Delaware, Attorneys for the Individual Defendants.

MEMORANDUM OPINION

GLASSCOCK, Vice Chancellor.

The Plaintiff is a stockholder in Republic Services, Inc. He has filed suit, purportedly derivatively on behalf of the corporation, alleging breaches of duty on the part of the board of directors and officers of the corporation. The Defendants have moved to dismiss; this Opinion addresses that motion. For the reasons explained below, the Plaintiff's claim arising from the board's granting...

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