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JAMES J. McNAMARA, HENRY Y.L. TOH, Defendants Below, Appellants, v. SAM J. FRANKINO, Plaintiff Below, Appellee.

RANDY J. HOLLAND, Justice.

ORDER

This 9th day of December 1999, the Court having considered this matter, has determined that the final judgment of the Court of Chancery should be affirmed on the basis of and for the reasons assigned by the Court of Chancery in its well-reasoned decision dated November 5, 1999. We note that the newly-elected directors are required to discharge their unremitting fiduciary duties to the corporation and all of its stockholders. Quickturn Design Systems, Inc. v. Shapiro, Del. Supr., 721 A.2d 1281, 1292 (1998).

NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Court of Chancery be, and the same hereby is, AFFIRMED.

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McNAMARA v. FRANKINO
(Dec 9, 1999)