Lutz v. A. L. Garber Co.

QUILLEN, Chancellor:

Subsequent to a merger resulting in a surviving Delaware corporation, A. L. Garber Company, Inc., Clarence H. Lutz filed a complaint for an appraisal pursuant to 8 Del.C., § 262. In response to the complaint, the defendant filed a motion to dismiss on the basis of the statute of limitations set forth in 8 Del.C., § 262(c) and laches. The corporation also filed a verified list of stockholders. The verified list of stockholders included the holders of sixteen separate blocks of stock. The motion to dismiss was denied. Luts v. A. L. Garber Company, Inc., Del.Ch., 340 A.2d 186…