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ROSENMILLER v. BORDES

Civ. A. No. 10738.

607 A.2d 465 (1991)

Joseph L. ROSENMILLER, Jr., W. David Rosenmiller and John Rosenmiller, Plaintiffs, v. Peter A. BORDES and Greater Media, Inc., a Delaware corporation, Defendants-Counterclaimants, v. Joseph L. ROSENMILLER, Jr., Counterclaim Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: October 28, 1991.

Attorney(s) appearing for the Case

Martin P. Tully and Brett D. Fallon (Morris, Nichols, Arsht & Tunnell, Wilmington, of counsel), Howard M. Squadron and Neal M. Goldman, Squadron, Ellenoff, Plesent & Lehrer, New York City, for plaintiffs.

Samuel A. Nolen and Anne C. Foster (Richards, Layton & Finger, Wilmington, of counsel), John G. Koeltl, Steven Klugman, Alexander Ewing and Thomas N. Dahdouh, Debevoise & Plimpton, New York City, for defendants-counterclaimants.

HARTNETT, Vice Chancellor.

Plaintiffs, one of whom is the owner of 50% of the voting stock of defendant Greater Media, Inc., moved for summary judgment on their petition (Complaint) for the appointment of a custodian for the corporation pursuant to 8 Del.C. § 226. The petition seeks to resolve a stockholder deadlock in the election of directors.

Defendants moved to dismiss plaintiffs' deadlock claim and...

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