Ackerman v. Stemerman

Wolcott, Justice:

This is an appeal from the denial of the defendants’ motion for summary judgment in a declaratory judgment action brought as a stockholder’s derivative suit.

The complaint contained three causes of action, the first and third of which attacked the validity of certain stock options issued to officers and employees of the corporate defendant. In an earlier action filed by the same plaintiff the validity of various options granted under the Option Plan in question here was filed and was dismissed after a trial on the merits of the Vice Chancellor. 40 Del.Ch. 431, 184 A.2d 28.

Defen…