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RUTMAN v. KAMINSKY

226 A.2d 122 (1967)

Hyman L. RUTMAN, Appellant, v. Simon KAMINSKY, Plaintiff Below, Albert F. Beringer et al., Defendants Below, Appellees. Hyman L. RUTMAN, Appellant, v. Jack PALLATZ et al., Plaintiffs Below, Tenneco Manufacturing Company et al., Defendants Below, Appellees.

Supreme Court of Delaware.

January 13, 1967.

Attorney(s) appearing for the Case

Russell J. Willard, Jr., of Hastings, Taylor & Willard, L. Coleman Dorsey, of Dorsey & Dorsey, Wilmington, and Samuel Kalmanash, New York City, for objector below, appellant.

William E. Taylor, Jr., Wilmington, and Abraham L. Pomerantz of Pomerantz, Levy, Haudek & Block, New York City, for Simon Kaminsky, plaintiff below, appellee.

Irving Morris, of Cohen, Morris & Rosenthal, Wilmington, and Milton Paulson, New York City, for Jack Pallatz, and others, plaintiffs below, appellees.

Henry M. Canby and Richard J. Abrams, of Richards, Layton & Finger, Wilmington, and Leslie Kirsch, New York City, for Tenneco Manufacturing Co., and others, defendants below, appellees.

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

HERRMANN, Justice:

The appellant urges us to set aside the approval by the Chancery Court of the settlement of stockholders' derivative actions to which the appellant objected.

By two derivative actions in the Chancery Court (and two companion actions in the U. S. District Court for the District of Delaware) stockholders of Cary Chemicals, Inc., a Delaware corporation, (hereinafter "Cary") attacked the proposed merger of Cary into Tenneco Manufacturing Company...

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