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COLEMAN v. TAUB

Civ. A. No. 78-390.

487 F.Supp. 118 (1980)

Leon COLEMAN and Thelma Coleman, Plaintiffs, v. Aaron TAUB, Gloria Taub, Taub Builders, Inc. and Taub Builders, Inc. Employees Profit-Sharing Plan, Defendants.

United States District Court, D. Delaware.

On Motion For Reargument April 1, 1980.

Attorney(s) appearing for the Case

Martin I. Lubaroff, Richards, Layton & Finger, Wilmington, Del., for plaintiffs; Alan L. Spielman, and Timothy A. Manzone, of Alan L. Spielman, Ltd., Philadelphia, Pa., of counsel.

Paul P. Welsh and Judy Oken Hodas, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for defendants.

OPINION

MURRAY M. SCHWARTZ, District Judge.

Posed for decision are defendants' motion to dismiss Counts V and X of plaintiffs' complaint and plaintiffs' motion for summary judgment on Count X. Both motions turn on the validity of a corporate merger effectuated during the pendency of this litigation. For the reasons set forth below, defendants' motion will be denied and plaintiffs' motion will be granted.

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