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STOTLAND v. GAF CORP.

469 A.2d 421 (1983)

David STOTLAND and Adele Stotland on behalf of themselves and all other stockholders of GAF Corporation, Plaintiffs Below, Appellants, v. GAF CORPORATION, et al., Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: December 5, 1983.

Attorney(s) appearing for the Case

William Prickett, Jr., Michael Hanrahan, and Vernon R. Proctor, Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for appellants.

Steven J. Rothschild, Andrew J. Turezyn, Skadden, Arps, Slate, Meagher & Flom, Wilmington, for the individual appellees.

Jack B. Jacobs, Young, Conaway, Stargatt & Taylor, Wilmington, for appellee GAF Corp.

Before HERRMANN, C.J., HORSEY and MOORE, JJ.

PER CURIAM:

The appellees move to dismiss this appeal for mootness. The action was filed in the Court of Chancery as a stockholders' derivative suit, and subsequently was ordered dismissed because of the plaintiffs' failure to comply with Chancery Rule 23.1, respecting a demand upon the directors of the corporate defendant, GAF Corporation (GAF), or otherwise to demonstrate the futility of such demand.1 After dismissal, but before taking...

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