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FELDMAN v. CUTAIA

No. 466, 2007.

951 A.2d 727 (2008)

Peter FELDMAN, Plaintiff Below, Appellant, v. Rory J. CUTAIA, Steven J., Kumble, Jonathan, Lawrence, James T., Raymond, Llewellen, Werner, William Hitchcock, Leonard V. Sessa and J. Todd Raymond, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: May 30, 2008.

Attorney(s) appearing for the Case

Matthew E. Fischer, Esquire, Timothy R. Dudderar, Esquire (argued) and Berton W. Ashman, Jr., Esquire, Potter, Anderson & Corroon, LLP, Wilmington, DE, for appellant.

Stephen E. Jenkins, Esquire (argued), Richard L. Renck, Esquire and Andrew D. Cordo, Esquire, Ashby & Geddes, Wilmington, DE, for appellees, Rory J. Cutaia, Jonathan Lawrence and J. Todd Raymond.

Vernon R. Proctor, Esquire, Proctor & Heyman, LLP, Wilmington, DE, for appellees, Steven J. Kumble, James T. Raymond, Llewellyn Werner, William Hitchcock, and Leonard V. Sessa.

Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.

HOLLAND, Justice:

The plaintiff-appellant, Peter Feldman, appeals from a final judgment entered by the Court of Chancery following its issuance of a Memorandum Opinion and Order. The Court of Chancery dismissed all fourteen counts of Feldman's Third Amended Complaint finding that the claims therein were solely derivative in nature. Applying this Court's holding in Lewis v. Anderson,1 the Court of Chancery held that Feldman lacked...

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