Oberly v. Kirby
Supreme Court of Delaware
1Opinion of the Court
WALSH, Justice:
The opinion in this case dated November 19, 1990, which was released after argument before a panel of three justices and which affirmed the decision of the Court of Chancery, is withdrawn. The following opinion of the Court era banc is substituted.
This is an appeal from a bench ruling of the Court of Chancery that granted a motion to dismiss pursuant to Chancery Court Rule 41(b). The complex dispute revolves around the affairs of the F.M. Kirby Foundation, Inc. (the “Foundation”), a Delaware nonstock charitable corporation. The case began as a proceeding under 8 Del. C. § 225…
2Cases cited31 opinions
- Weinberger v. UOP, Inc.Supreme Court of Delaware · 1983
- Guth v. Loft, Inc.Supreme Court of Delaware · 1939
- Smith v. Van GorkomSupreme Court of Delaware · 1985
- Unocal Corp. v. Mesa Petroleum Co.Supreme Court of Delaware · 1985
- Levitt v. BouvierSupreme Court of Delaware · 1972
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3Cited by79 opinions
- Cinerama, Inc. v. Technicolor, Inc.Supreme Court of Delaware · 1995
- Williams v. GeierSupreme Court of Delaware · 1996
- In Re Tri-Star Pictures, Inc., LitigationSupreme Court of Delaware · 1993
- Schock v. NashSupreme Court of Delaware · 1999
- In re Orchard Enterprises, Inc.Court of Chancery of Delaware · 2014
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