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KAHN v. STERN

C.A. No. 12498-VCG.

ALAN KAHN, Plaintiff, v. MICHAEL D. STERN, EDWARD A. STERN, JOSEPH P. DALY, JOHN W. POLING and JEFFREY P. BACHER, Defendants.

Court of Chancery of Delaware.

Decided August 28, 2017.

Attorney(s) appearing for the Case

Larry R. Wood, Jr. , David A. Dorey , Adam V. Orlacchio , of BLANK ROME LLP, Wilmington, Delaware, Attorneys for Defendants.

Jessica Zeldin , of ROSENTHAL, MONHAIT & GODDESS, P.A., Wilmington, Delaware; OF COUNSEL: James S. Notis , Jennifer Sarnelli , of GARDY & NOTIS, LLP, New York, New York; Harold B. Obstfeld , of HAROLD B. OBSTFELD, P.C., New York, New York, Attorneys for Plaintiff.

MEMORANDUM OPINION

This matter involves a motion to dismiss allegations of breach of fiduciary duty by way of a corporate merger, under Court of Chancery Rule 12(b)(6). The complaint itself, if not opaque, is not entirely transparent in its allegations, as demonstrated at oral argument...

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