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KERN v. NCD INDUSTRIES, INC.

316 A.2d 576 (1973)

Karl H. KERN et al., Plaintiffs, v. NCD INDUSTRIES, INC., a Delaware corporation, Defendant. Karl H. KERN et al., Plaintiffs, v. Harlan GROSSHANS et al., Defendants.

Court of Chancery of Delaware, New Castle.

Reargument Denied November 21, 1973.

Attorney(s) appearing for the Case

H. Albert Young and Edward B. Maxwell, II of Young, Conaway, Stargatt & Taylor, Wilmington, for the individual plaintiffs.

E. Dickinson Griffenberg, Jr., of Potter, Anderson & Corroon, Wilmington, for the individual defendants and NCD Industries, Inc.

R. Franklin Balotti of Richards, Layton, & Finger, Wilmington, for Fischer Engineering & Maintenance Co., Inc.

MARVEL, Vice Chancellor:

The first of the above consolidated actions is brought on behalf of five individuals who claim to be the lawful holders of all of the outstanding shares of stock of their co-plaintiff and beneficial defendant, Fischer Engineering & Maintenance Co., Inc.,1 a firm doing business in the Republic of Korea2 where it engages in construction and engineering projects in its status as a...

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