AL Garber Company, Inc. v. Lutz

This is an appeal from the Chancellor’s denial of defendant’s motion to dismiss a stock appraisal proceeding instituted by plaintiff, Clarence H. Lutz, a dissenting stockholder to a proposed merger, under 8 Del. C. § 262. The proceeding was filed by Mr. Lutz pro se within the statutorily imposed four month period, but he neglected for thirty-nine days after the expiration of the four month period to give the required instructions as to when and where the summons and copy of the complaint should be served. Defendant contends that plaintiff’s delay was substantial, unreasonable, the product of…