MOSKOWITZ v. BANTRELL

No. 741962.

190 A.2d 749 (1963)

Samuel MOSKOWITZ, Appellant, v. Myron A. BANTRELL, Paul Fussell, Ralph M. Haney, Leon A. Kahn, Harold W. Sanders, Defendants Below, and Filtrol Corporation, Appellees.

Supreme Court of Delaware.

April 19, 1963.


Attorney(s) appearing for the Case

Russell J. Willard, Jr., of Hastings, Taylor & Willard, Wilmington, and Frank Weinstein, New York City, for appellant.

William S. Potter and Blaine T. Phillips, of Berl, Potter & Anderson, Wilmington, for appellee, Filtrol Corp.

SOUTHERLAND, Chief Justice, and WOLCOTT and TERRY, JJ., sitting.


SOUTHERLAND, Chief Justice.

This is a stockholder's suit to compel the declaration of a dividend. It was heard by the Vice Chancellor upon the pleadings, the defendant corporation's motion to dismiss, and affidavits. The Vice Chancellor properly treated the motion as in effect one for summary judgment. He dismissed the complaint on the merits. The stockholder appeals.

Filtrol is a major producer of petroleum cracking...

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