In Tanyous v. Banoub, 2008 WL 2233741 (Del. Ch., May 22, 2008), read opinion here, the Chancery Court declined to appoint a custodian pursuant to DGCL Section 226(a)(2) despite the fractious relationship between the shareholders. The court’s reasoning was at least in part due to open issues about the exact ownership interests of the shareholders and a pending Section 220 action.