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COSTER v. UIP COMPANIES, INC.

No. 49, 2020.

255 A.3d 952 (2021)

Marion COSTER, Plaintiff Below, Appellant, v. UIP COMPANIES, INC., Steven Schwat, and Schwat Realty LLC, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: June 28, 2021.

Attorney(s) appearing for the Case

Max B. Walton, Esquire (argued), Kyle Evans Gay, Esquire , CONNOLLY GALLAGHER LLP, Wilmington, Delaware; Michael K. Ross, Esquire , Thomas Shakow, Esquire , Serine Consolino, Esquire , Sean Roberts, Esquire , AEGIS LAW GROUP LLP, Washington, D.C.; Attorneys for Plaintiff-Appellant Marion Coster.

Stephen B. Brauerman, Esquire , Elizabeth A. Powers, Esquire , BAYARD, P.A., Wilmington, Delaware; Deborah B. Baum, Esquire (argued), PILLSBURY WINTHROP SHAW PITTMAN LLP, Washington, D.C.; Attorneys for Defendants-Appellees UIP Companies, Inc., Steven Schwat, and Schwat Realty, LLC.

Before SEITZ, Chief Justice; VALIHURA, VAUGHN, TRAYNOR, and MONTGOMERY-REEVES, Justices, constituting the Court en Banc.

The two equal stockholders of UIP Companies, Inc. were deadlocked and could not elect new directors. One of the stockholders, Marion Coster, filed suit in the Court of Chancery and requested appointment of a custodian for UIP under 8 Del. C. § 226(a)(1) (the "Custodian Action"). In response, the three-person UIP...

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