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HOLLY FARMS CORP. v. TAYLOR

Civ. A. No. 89-466-CMW.

722 F.Supp. 1152 (1989)

HOLLY FARMS CORPORATION, a Delaware corporation, Plaintiff, v. R. Lee TAYLOR, II, individually and as a class representative for the participants in the Holly Farms Restricted Stock Long-Term Performance Bonus Plan, Defendant.

United States District Court, D. Delaware.

October 11, 1989.

Attorney(s) appearing for the Case

Anthony W. Clark, and Randall S. Thomas, of Skadden, Arps, Slate, Meagher & Flom, Wilmington, Del. (C. Joseph Giroir, Jr., of Giroir & Gregory, Little Rock, Ark., of counsel), for plaintiff.

R. Franklin Balotti, William J. Wade, and Gregory V. Varallo, of Richards, Layton & Finger, Wilmington, Del. (Shaw, Pittman, Potts & Trowbridge, Washington, D.C., of counsel), for defendant.

OPINION

CALEB M. WRIGHT, Senior District Judge.

The defendant, R. Lee Taylor, II, filed a notice of removal1 to this Court on August 29, 1989. By this petition, Taylor sought to remove, from the Delaware Court of Chancery (the "Delaware court") to this Court, an action (the "Delaware state action") that plaintiff Holly Farms Corporation ("Holly Farms") had filed on August 18, 1989. Holly Farms, a Delaware corporation, filed the...

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