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1
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ANSWER
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EXTRACTED KEY WORDS
ALLEGATIONS SET PARAGRAPH DENY PLAINTIFF ADMIT DEMAND PURPORTED DEMAND RESPONSE AVER RESIGN BOOKS COURT DEFENDANTS WRITTEN DOCUMENT SPEAKS PROXY STATEMENT MEETING FOREGOING RESPONSES INSPECTION PURPOSE DELIVERY REPEAT REALLEGE FULLY SET STOCKLIST MATERIALS DAVID LAW STOCKHOLDER OATH |
IN THE CHANCERY COURT OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
JOHN W. KIRBY, JR. >
>
Plaintiff, >
> C.A. No. 17690-NC
V . >
>
e4L; INC., a Delaware corporation, >
STEPHEN C. LEHMAN, ERIC R. >
WEISS, DAVID E. SALZMAN, >
ANDREW M. SCHUON, and >
STUART D. BUCHALTER, >
>
Defendants, >
ANSWER
Defendants e4L, INC., STEPHEN C. LEHMAN, ERIC R. WEISS, DAVID E.
SALZMAN, ANDREW M, SCHUON, and STUART D. BUCHALTER, by and through their
attorneys, allege for their answer as follows:
N~KJRE OF THE ACTION
1. Aver that the allegations set forth in Paragraph 1 of the Complaint
constitute conclusions of law as to which no response is required.
2. Deny the allegations set forth in Paragraph 2 of the Complaint.
THE PARTIES
3. Admit only that Plaintiff was the President and a director of e4L
resignation on November 5, 1999 and currently is a stockholder of e4L. Deny the remaining
allegations set forth in Paragraph 3 of the Complaint, including allegation that Plaintiff did not
UE1.i 21500 ~ 2
SNIPPETS:
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2
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COMPLAINT
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EXTRACTED KEY WORDS
DIRECTORS MEETING STOCKHOLDERS RESIGN DEMAND DEFENDANTS PROXY STATEMENT EXHIBIT PURSUANT MATERIALS MANAGEMENT DIRECTORS PROPOSALS CONSENT OFFICER INSPECTION HERETO PRESIDENT COURT DELAWARE STOCKLIST MATERIALS DECLARATION BOOKS ENJOIN BY-LAWS FOREGOING PARAGRAPHS CONNECTION CALLING LAW REASON |
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
JOHN W. KIRBY, JR., I `, :
i m:.:
Plaintiff, )
,.
,I!
v. i (-4, No, 1 `?&?O ;ycd :~ 2:
1
e4L, Inc., a Delaware corporation, STEPHEN ) :,~ ,,
i,' ,: ~;
C. LEHMAN, ERIC R. WEISS, DAVID
-. __,I,
E. SALZMAN, ANDREW M. SCHUON, i
-c
and STUART D. BUCHALTER,
:
Defendants. 1
COMPLAINT
Plaintiff John ("Jack") W. Kirby, Jr. ("Mr. Kirby"), by and through his undersigned
attorneys, as for his complaint against defendants, alleges upon knowledge as to himself and
otherwise upon information and belief as follows:
NATURE OF THE ACTION
1. In this action, Mr. Kirby seeks (i) a summary declaration pursuant to 8 Del. C. 5
225 ("Section 225") that he is a director of e4L, Inc. ("e4L"), (ii) to compel defendant e4L,
pursuant to 8 Del. C. 5 220 ("Section 220"), to make certain stocklist materials, books and
records available for inspection and copying by Mr. Kirby on a summary basis, as demanded by
Mr. Kirby in his capacity as a director and stockholder of e4L in a letter dated December 10,
1999 (the "Demand," Exhibit 1 hereto), and (iii) to enjoin the e4L annual stockholders' meeting
scheduled for January 20, 2000 (the "Stockholders Meeting"), based upon the invalidity of
corporate actions taken without the consent of or notice to Mr. Kirby and breaches of the director
SNIPPETS:
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