Mayer v. Adams

Marvel, Vice Chancellor:

On May 15, 1958, the Supreme Court of Delaware filed its mandate1 reversing the judgment2 of this Court, *497which had granted motions to dismiss the complaint in toto on the grounds that plaintiff had failed to meet the procedural requirements of Rule 23(b), Del.C.Ann., and remanded the cause. On July 3, 1958, an order vacating such judgment of dismissal was entered and various undisposed-of motions of the appearing defendants were brought to the Court’s attention. On reconsidering these applications I denied the motions to strike, reserved decision on the 12(b) (6)…