Opinion
No. 433, 2000
Submitted: November 20, 2001
Decided: April 5, 2002
Court Below: Court of Chancery of the State of Delaware in and for New Castle County C.A. No. 17763-NC
Affirmed.
Unpublished Opinion is below.
ROBERT L. KOHLS and LOUISE A. KOHLS, Plaintiffs Below, Appellants, v. KENETECH CORPORATION and MARK D. LERDAL, ANGUS M. DUTHIE, GERALD R. ALDERSON, and CHARLES CHRISTENSON, Defendants Below, Appellees. No. 433, 2000 In the Supreme Court of the State of Delaware. Submitted: November 20, 2001 Decided: April 5, 2002
Before VEASEY, Chief Justice, WALSH, HOLLAND, BERGER, Justices and HARTNETT, Justice (Retired), constituting the Court en Banc.
Sitting by designation pursuant to Del. Const. art. IV, § 38 and 29 Del. C. § 5610(a)(2).
CAROLYN BERGER, Justice:
ORDER
This 5th day of April, 2002, the Court, having considered this matter on the briefs and arguments of the parties, and having concluded that the same should be affirmed on the basis of and for the reasons assigned by the Court of Chancery in its opinion dated July 26, 2000 without reaching the general question of whether or to what extent directors of a corporation said to be in the so-called "vicinity of insolvency" owe fiduciary duties to preferred stockholders;
NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Court of Chancery be, and the same hereby is
AFFIRMED.