Nellius v. Stiftel

The pertinent history of the case is set forth in prior reported opinions. Stiftel v. Malarky, Del.Ch., 378 A.2d 133 (1977), reversed and remanded, Del.Supr., 384 A.2d 9 (1977). On remand, the Vice Chancellor entered an order dated February 22, 1978. The defendants have appealed that order.

After the case was at issue upon the filing of the plaintiffs’ brief on June 12, 1978, the three senior members of this Court, constituting the entire Court at that time, disqualified themselves for interest. On June 13, 1978, the Chief Justice notified the Governor of such disqualifications and requested…