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OLIVETTI UNDERWOOD CORP. v. JACQUES COE & CO.

217 A.2d 683 (1966)

OLIVETTI UNDERWOOD CORPORATION, Respondent Below, Appellant, v. JACQUES COE & CO., Egger & Co., Gerstley, Sunstein & Co., Carl M. Loeb, Rhoades & Co., Merrill, Lynch, Pierce, Fenner & Smith, Schweickart & Co., Tewes & Co., Tucker & Co., and Wood, Walker & Co., Petitioners Below, Appellees, and Charles Alverson et al., Claimants Below, Appellees.

Supreme Court of Delaware.

March 3, 1966.

Attorney(s) appearing for the Case

H. Albert Young and Bruce M. Stargatt, of Young, Conaway, Stargatt & Taylor, Wilmington, and Oscar Cox, Daggett H. Howard and Peter Ehrenhaft, of Cox, Langford & Brown, Washington, D. C., for respondent below, appellant.

Arthur J. Sullivan, of Morris, James, Hitchens & Williams, Wilmington, for petitioners below and certain claimants below, appellees.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice.

This appeal brings up for review certain portions of an Order of the Chancery Court determining the eligibility of the appellees to seek appraisal of stock of Underwood Corporation after its merger into Olivetti Underwood Corporation, the appellant.

The merger was the "short form" type provided by 8 Del.C. § 253 for the merging of parent and subsidiary corporations. The merger terms provided that the minority stockholders would be entitled...

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