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GERLACH v. GILLAM

139 A.2d 591 (1958)

Kingsley H. GERLACH, Kingsley H. Gerlach, Jr., and Reeves Lewenthal, Plaintiffs, v. Grant GILLAM, Wrightson Christopher and United Printers & Publishers (Incorporated), a Delaware corporation, Defendants.

Court of Chancery of Delaware, New Castle.

March 18, 1958.

Attorney(s) appearing for the Case

Arthur G. Logan, Wilmington and Ernest A. Gross of Curtis, Mallet-Prevost, Colt & Mosle, New York City, for plaintiffs.

Aaron Finger, Wilmington, Carlos A. Spiess and Roger W. Barrett of Mayer, Friedlich, Spiess, Tierney, Brown & Platt, Chicago, Ill., for defendant, United Printers & Publishers, Inc.

MARVEL, Vice Chancellor.

Plaintiffs, who claim to be the holders of a substantial number of shares of the defendant corporation, an established manufacturer of calendars, greeting cards and the like, sue on behalf of themselves and all other stockholders of United similarly situated, and "* * * in the right of United". The original complaint charges the defendant, Gillam, with having so dominated the corporate defendant through an unusual management contract that...

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