ABERCROMBIE v. DAVIES


131 A.2d 822 (1957)

James S. ABERCROMBIE, Phillips Petroleum Company, a corporation, and Sunray Oil Corporation, a corporation, Plaintiffs, v. Ralph K. DAVIES, Signal Oil and Gas Company, a corporation, The Hancock Oil Company, a corporation, The Globe Oil and Refining Company, a corporation, Lario Oil and Gas Company, a corporation, Ashland Oil & Refining Company, a corporation, Deep Rock Oil Corporation, a corporation, Samuel B. Mosher, Garth L. Young, John W. Hancock, J. Howard Marshall, Harold A. Black, Francis L. Jehle, Rexford S. Blazer, Sandford M. Burnam, American Independent Oil Company, a corporation, and Security First National Bank of Los Angeles, California, a corporation, Defendants.

Court of Chancery of Delaware, New Castle.

May 2, 1957.


Attorney(s) appearing for the Case

John J. Morris, Jr. (of Morris, James, Hitchens & Williams), Wilmington, and Joseph W. Moore (of Fouts, Amerman & Moore), of Houston, Tex., for plaintiff, James S. Abercrombie.

Robert H. Richards, Jr., and Stephen E. Hamilton, Jr. (of Richards, Layton & Finger), Wilmington, for plaintiffs, Phillips Petroleum Co. and Sunray Oil Corp.

Richard F. Corroon and David F. Anderson (of Berl, Potter & Anderson), Wilmington, and Francis M. Shea and Warner W. Gardner (of Shea, Greenman, Gardner & McConnaughey), Washington, D. C., for defendants, Signal Oil & Gas Co., the Hancock Oil Co., Lario Oil & Gas Co., Ralph K. Davies, the Globe Oil & Refining Co., Samuel B. Mosher, Garth L. Young, John W. Hancock, Harold A. Black, Francis L. Jehle, and J. Howard Marshall.

William Duffy, Jr., Wilmington, for defendant, American Independent Oil Co.

Defendants, Ashland Oil & Refining Co., Deep Rock Oil Corp., Rexford Blazer, Sandford M. Burnam and Security First Nat. Bank, Los Angeles, Cal., failed to appear.


SEITZ, Chancellor.

The Supreme Court of Delaware reversed this court and held that a so-called Agents' Agreement ("agreement") was "void as an illegal voting trust". Abercrombie v. Davies, Del., 130 A.2d 338, 347. Upon remand the parties are now in disagreement as to the form of judgment to be entered. This is the decision thereon.

Plaintiffs seek a provision declaring the agreement void in its entirety and releasing the parties...

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