In re Stylemaster Department Store, Inc.

Motion to set aside, as illegal and void, an election of directors and an election of officers of Style-master Department Store, Inc., hereinafter referred to as “ the corporation.”

The following facts are undisputed. On May 11, 1955, stockholders whose combined holdings of stock in the corporation aggregated approximately 72% of that outstanding, sent to the board of directors a letter requesting the board to call a special meeting of stockholders for the purpose of electing a new board of directors. Thereafter, the corporation’s secretary sent to each of the five stockholders, including…