Kaplan v. Goldsamt

BROWN, Vice Chancellor.

Plaintiff Kaplan, as a shareholder of the defendant American Medicorp, Inc. (“Medi-corp”) has sued derivatively on behalf of the corporation seeking judgment in the form of money damages or, alternatively, rescission of an agreement and transaction whereby Medicorp, during the spring of 1976, purchased 550,000 shares of its own common stock from the defendant Robert S. Goldsamt for the sum of $5,225,000. Plaintiff also seeks to either set aside or obtain monetary redress with regard to a five-year consultation and noncompetition agreement entered into between Medicorp…