Civil Procedure Keyed to Yeazell
Shaffer v. Heitner
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
Defendant Heitner, a non-resident of Delaware, is the owner of one share of stock in the Greyhound Corporation, a business incorporated in Delaware with its principal place of business in Arizona. In 1974, Defendant filed a shareholder’s derivative suit in the Court of Chancery in Delaware against 28 present or former officers or directors (including Plaintiff) of the Greyhound Corporation. The activities which led to the suit being filed took place in Oregon. Simultaneous with the suit Defendant filed a motion for sequestration of the property owned by the 28 individual defendants within the state of Delaware. A motion to sequester was ordered, and approximately 82,000 shares of Greyhound common stock belonging to 21 of the defendants was attached. Those defendants filed a motion to quash service of process and to vacate the sequestration order. The Delaware courts rejected all of the defendants’ arguments, and this appeal followed.
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