Opinion
No. 336, 2002.
Submitted: November 6, 2002.
Decided: November 13, 2002.
Court Below: Court of Chancery of the State of Delaware in and for New Castle County C.A. No. 19330
Affirmed.
Unpublished opinion is below.
APEX, INC., Plaintiff Below, Appellant, v. NATIONWIDE TELEVISION AND APPLIANCE ASSOCIATES, INC., Defendant Below, Appellee. No. 336, 2002 Supreme Court of Delaware. Submitted: November 6, 2002 Decided: November 13, 2002
Before WALSH, HOLLAND, and STEELE, Justices.
ORDER
Joseph T. Walsh, Justice
This 13th day of November 2002, upon consideration of the briefs of the parties and oral argument, the Court concludes that the Court of Chancery properly applied the standards underlying a proceeding under 8 Del. C. § 211. We agree with the Court of Chancery that the narrow focus of a section 211 proceeding does not permit the assertion of the breach of fiduciary duty claims asserted by the appellant. Nothing in the ruling of the Court of Chancery, or our affirmance of that ruling, precludes the assertion of such claims in an appropriate forum and in a different proceeding.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery be, and the same hereby is,
AFFIRMED.