Burr v. Burr Corporation

SHORT, Vice Chancellor:

This action was commenced pursuant to 8 Del.C. § 225 for a determination as to the validity of an election of certain directors of the Burr Corporation. Both parties have moved for summary judgment and this is the decision on those motions.

Each of the plaintiffs is a stockholder of Burr Corporation. Plaintiffs own and control in aggregate approximately 30% of issued and outstanding shares of the stock; in addition each of thp plaintiffs is a director of the corporation. Prior to the proceedings here in dispute plaintiff, Donald Burr, was president of Burr Corporation…