Southern Production Co. v. Sabath

Southerland, Chief Justice,

delivering the opinion of the court:

The appeal presents two questions:

First, is the appeal moot by reason of the fact that the transfer agent of the surviving corporation, pending the litigation, issued to the petitioning stockholders shares of stock of the surviving corporation in accordance with the provisions of the merger agreement?

Second, if the case is not moot, was the Chancellor correct in dismissing the petition over the objection of the corporation?

The facts are these:

By agreement of merger duly approved on November 30, 1950, under the provisions of…