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SCHWARTZ v. THE OLYMPIC, INC.

Civil Action No. 1083.

74 F.Supp. 800 (1947)

SCHWARTZ v. THE OLYMPIC, Inc., et al.

District Court, D. Delaware.

December 22, 1947.

Attorney(s) appearing for the Case

Meyer Abrams, of Shulman, Shulman & Abrams, all of Chicago, Ill., and Harold B. Howard, of Wilmington, Del., for plaintiff.

Clair John Killoran and John Van Brunt, Jr., of Killoran & Van Brunt, all of Wilmington, Del., for defendants.

LEAHY, District Judge.

This is a diversity case where plaintiff seeks to set aside a merger of two Delaware companies. Delaware law controls. Plaintiff is the alleged owner of unregistered shares. Under Delaware law, an unregistered stockholder cannot attack a merger. Salt Dome Oil Corporation v. Schenck, Del., 41 A.2d 583, 158 A.L.R. 975; Application of General Realty & Utilities Corporation, Del.Ch., 42 A.2d 24.

Plaintiff also seeks to amend his complaint...

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