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1
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COMPLAINT
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EXTRACTED KEY WORDS
STOCKHOLDERS PLAINTIFFS ANNUAL MEETING DIRECTORS HEREINAFTER BENEFICIAL OWNER SHARES VOTING COMMON STOCK OSBORNE LANNON DAIRY MART CONVENIENCE MART CONVENIENCE STORES WILLIAM DELAWARE CORPORATION DEL OFTHE BUSINESS COLACCINO LEGAL HOLIDAY COURT JUDGEMENT SUMMARILY DIRECTING DAIRY GRANTING RELIEF APPOINTMENT MASTER PURSUANT COUNSEL JOSEPH ALTOMARE |
IN THE COURT OF CHANCERY
OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
FRANK COLACCINO, RICHARD
M. OSBORNE and WILLIAM
LANNON,
Plaintiffs,
V.
DAIRY MART CONVENIENCE
STORES, INC.,
a Delaware corporation,
Defendant.
COMPLAINT
1. This is an action under 8 Del. C. $21 l(c) to compel an annual meeting ofthe stockholders
of the Defendant Dairy Mart Convenience Stores, Inc. (hereinafter "DM"), a Delaware corporation
with its principal place of business situate at Hudson, Ohio.
2 . PlaintiffFrank Colaccino (hereinafter "Colaccino") is an individual, the beneficial
of 130,745 shares of the voting common stock of DM.
3. Plaintiff Richard M. Osborne (hereinafter "Osborne") is an individual, the beneficial
owner of 730,200 shares of the voting common stock of DM.
4 . Plaintiff William Lannon (hereinafter "Lannon") is an individual, the beneficial owner
of 33,800 shares of the voting common stock of DM.
5 . Together the Plaintiffs are the beneficial owners of more than 17% of the approximate
5,002,026 outstanding shares of the voting stock of DM.
6 . The last meeting of the stockholders of DM was held May 25, 2000.
7 . Article II Section 2 ofthe Amended and Restated Bylaws of DM specifies that the annual
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