Supreme Court of Delaware

In a suit against members of the board of directors of Ingersoll International, Inc. alleging breaches of fiduciary duty in connection with a sale of the company-s assets and defendants' failure to secure a valid vote of shareholders in favor of the transaction, the court finds that the creditor trustee of the company, a nonparty, has no right to appeal from a final judgment that was entered by the Court of Chancery dismissing the matter for failure to prosecute.

Appellate Information

• Decided 11/06/2006
• Published 11/06/2006

Judges

• HOLLAND, Justice., Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• David E. Wilks (argued) and Thad J. Bracegirdle, Reed Smith, Wilmington, DE, for appellant.


• For Appellees:
  
• Donald J. Wolfe, Jr., Michael A. Pittenger (argued), and Berton W. Ashman, Jr., Potter Anderson & Corroon, Wilmington, DE, for appellees.