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GRAPHIC SCANNING CORP. v. YAMPOL

Civ. A. No. 87-235-JJF.

677 F.Supp. 256 (1988)

GRAPHIC SCANNING CORP., and Mordecai Bluth, Plaintiffs, v. Barry YAMPOL, Nathan Bellow, Frederick Galland, Arthur J. Radin, Stanley Itskowitch, and Michael Beckman, Defendants.

United States District Court, D. Delaware.

January 21, 1988.

Attorney(s) appearing for the Case

Charles F. Richards, Samuel A. Nolen, and Gregory P. Williams, of Richards, Layton & Finger, Wilmington, Del., for plaintiff Graphic Scanning Corp.

Irving Bizar, of Bizar, D'Alessandro, Shustak & Martin, New York City, and Kevin Gross, of Morris and Rosenthal, Wilmington, Del., for plaintiff Mordecai Bluth.

Martin C. Tully, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for defendant Barry Yampol.

Bruce M. Stargatt, of Young, Conaway, Stargatt & Taylor, Wilmington, Del., for defendants Nathan Bellow, Frederick Galland, Arthur J. Radin, Stanley Itskowitch, and Michael Beckman.

MEMORANDUM OPINION

FARNAN, District Judge.

Plaintiff, Mordecai Bluth, brought a shareholder derivative action against Graphic Scanning Corporation ("Graphic") in June, 1982, in the Court of Chancery of the State of Delaware. Bluth's suit alleged that Graphic's directors had breached their fiduciary duty to Graphic. In the Spring of 1986, Graphic's stockholders initiated a successful proxy contest that resulted in the removal of the majority of Graphic's...

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