AGR Halifax Fund, Inc. v. Fiscina

OPINION

JACOBS, Vice Chancellor.

Pending is a motion for summary judgment in this action brought under 8 Del. C. § 225 to determine the lawful directors of defendant Certified Diabetic Services, Inc. (“CDS”), a Delaware corporation. The petitioners, who claim to be holders of record of a majority of CDS common stock, contend' that on June 14, 1999 they executed and delivered written consents that had operated to (a) remove the individual director respondents — -Peter J. Fiscina (“Fiscina”), Myron M. Blumenthal (“Blu-menthal”), and Vincent DeVita, Jr. (“DeVi-ta”) — from the CDS Board of…