Demoulas ex rel. Demoulas Super Markets, Inc. v. Demoulas Super Markets, Inc.

van Gestel, J.

This matter is before the Court after a bifurcated evidentiaiy hearing on the issue of whether the directors, or at least a majority of the directors, of Demoulas Supermarkets, Inc. were “interested” when acting on the matters in issue. See Memorandum and Order on Rule 16 Conference, dated October 14, 2003. The matters in issue and the procedural and legal posture warrant explication before the Court sets forth its findings and rulings on the matters considered.

PROCEDURAL AND LEGAL BACKGROUND

This is a Mass.R.Civ.P. Rule 23.1 derivative action, basically between Arthur S.…