Mills Acquisition Co. v. MacMillan, Inc., s. 415

Citation550 A.2d 35
Decision Date31 October 1988
Docket NumberNos. 415,416,1988,s. 415
PartiesFed. Sec. L. Rep. P 94,072 MILLS ACQUISITION CO., a Delaware Corporation, et al., Plaintiffs Below, Appellants, v. MacMILLAN, INC., a Delaware Corporation, et al., Defendants Below, Appellees. . Submitted:
CourtUnited States State Supreme Court of Delaware

Chancery Court, New Castle County

REVERSED AND REMANDED.

Before CHRISTIE, Chief Justice, and MOORE and HOLLAND, Justices.

ORDER

MOORE, Justice.

This 2nd day of November, 1988, the Court having considered the record, the briefs and oral argument of counsel, and having concluded that the judgment of the Court of Chancery should be reversed.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery be, and the same hereby is REVERSED. The matter is REMANDED to the Court of Chancery with instructions to enter a preliminary injunction as prayed by plaintiffs. The mandate shall issue forthwith, and a more formal opinion, fully explicating our views, will issue in due course.

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2 cases
  • Estate of Detwiler v. Offenbecher
    • United States
    • U.S. District Court — Southern District of New York
    • 16 Agosto 1989
    ...judgment rule applies, courts "should decline to review the wisdom and merits of a business decision." Mills Acquisition Co. v. Macmillan, Inc., 559 A.2d 1261, 1279 (Del.1989). As the Delaware Supreme Court has noted: "A hallmark of the business judgment rule is that a court will not substi......
  • Shamrock Holdings, Inc. v. Polaroid Corp., s. 10075
    • United States
    • Court of Chancery of Delaware
    • 16 Diciembre 1988
    ...Court recently struck down board decisions for lack of information. See Smith v. Van Gorkom, supra; Mills Acquisition Co. v. Macmillan, Inc., Del.Supr., 550 A.2d 35 (1988) (Trans.). Here, as in Van Gorkom, the meeting was called on short notice and the directors were given no written materi......
1 books & journal articles
  • CORPORATE FIDUCIARY DUTY IN THE AGE OF ALGORITHMS.
    • United States
    • Journal of Law, Technology and the Internet Vol. 14 No. 2, September 2023
    • 22 Septiembre 2023
    ...361. (160) Shamrock Holdings, Inc. v. Polaroid Corp., 449 A.2d 257, 271 (Del. Ch. 1989), citing Mills Acquisition Co. v. Macmillan, Inc., 550 A.2d 35 (Del. Sup. 1988); Unocal Corp. v. Mesa Petroleum Co., 493 A.2d 946, 958 (Del. 1985); Smith, 488 A.2d at (161) Valeant Pharms. Int'l v. Jerney......

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