Auerbach v. Cities Service Co.

Marvel, Vice Chancellor:

Plantiff,1 who claims to have been a stockholder since 1945 of what is now Arkansas Fuel Oil Corporation, complains that at various times since 1945 Cities Service Company *335has dominated its subsidiary, Arkansas Fuel Oil Corporation,2 to the latter’s financial detriment. Plaintiff sues derivatively and prays for an order directing Cities to account to Arkansas for moneys allegedly gained at the latter’s expense. The claims of the complaint are not divided into separate counts as required by Rule 10(b), Del.C.Ann., however, the complaint charges in substance that Cities…