Apex, Inc. v. Nationwide Television and Appliance Associates, Inc.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE APEX, INC., § § Plaintiff Below, § Appellant, § No. 336, 2002 § v. § § Court Below: Court of Chancery NATIONWIDE TELEVISION § of the State of Delaware in and AND APPLIANCE ASSOCIATES, § for New Castle County INC., § C.A. No. 19330 § Defendant Below, § Appellee. § Submitted: November 6, 2002 Decided: November 13, 2002 Before WALSH, HOLLAND, and STEELE, Justices. ORDER 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. BY THE COURT: s/Joseph T. Walsh Justice 2

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