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ALLEN v. PRIME COMPUTER, INC.

540 A.2d 417 (1988)

Martin ALLEN, Boruch B. Frusztajer, Robert L. Gable, Nicholas P. Negroponte, Philip L. Read, Herbert Roth, Jr., and Computervision Corporation, a Delaware Corporation, Defendants Below, Appellants, v. PRIME COMPUTER, INC., a Delaware Corporation, and Provision Holdings, Inc., a Delaware Corporation, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Oral Decision: January 26, 1988.

Written Opinion: April 8, 1988.

Attorney(s) appearing for the Case

Steven J. Rothschild (argued), Edward P. Welch, Andre G. Bouchard, and Jean C. Kissane, of Skadden, Arps, Slate, Meagher & Flom, Wilmington, Peggy L. Kerr, of Skadden, Arps, Slate, Meagher & Flom, New York City, for appellants.

Jesse A. Finkelstein (argued), R. Franklin Balotti, Gregory V. Varallo, and James C. Strum, of Richards, Layton & Finger, Wilmington, John L. Warden, David B. Tulchin, Norman Feit, and Karen A. Popp, of Sullivan & Cromwell, New York City, of counsel, for appellees.

Before MOORE, WALSH and HOLLAND, JJ.

MOORE, Justice.

This expedited interlocutory appeal arises from the adoption by Computervision Corporation of consent solicitation bylaws which delayed for at least twenty days the effectiveness of certain stockholder action taken by written consent.1 Thus, we confront the validity of a bylaw purporting to provide ministerial review of such stockholder action under Datapoint Corp. v. Plaza...

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