Lutz v. AL Garber Company, Inc.

QUILLEN, Chancellor;

On September 17, 1973, the A. L. Garber Company, Inc. merged into New Garber Delaware Corporation with the latter company assuming the name of A. L. Garber Company, Inc. On September 26, 1973 the surviving corporation, pursuant to the appraisal statute caused notice of the effective date of the merger to be sent to those stockholders who wrote letters objecting to the merger. Under Section 262(c) of the Delaware Corporation Law, stockholders who had properly objected to the merger, had not voted for the merger, had demand ed payment for their stock, were entitled to…