WHITTINGTON v. DRAGON GROUP, 998 A.2d 852 (Del. 2010)

Whittington v. Dragon Group, L.L.C.

No. 392, 2009.Supreme Court of Delaware.
June 21, 2010.

Court Below: Court of Chancery of the State of Delaware, C.A. No. 2291.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices, constituting the Court en Banc.

ORDER
HENRY DUPONT RIDGELY, Justice.

This 21st day of June 2010, upon consideration of the parties’ contentions in their briefs and supplemental memoranda, it appears to the Court that the Court of Chancery’s findings of fact and conclusions of law upon remand should be affirmed on the basis of and for the reasons set forth in its February 15, 2010 decision. Based upon the affirmance of that decision, the June 11, 2009 judgment of the Court of Chancery must be reversed.

NOW, THEREFORE, IT IS ORDERED that the findings of fact and conclusions of law of the Court of Chancery’s decision dated February 15, 2010, are AFFIRMED and the matter isREMANDED for consideration of Plaintiff’s claims on the merits. The Court of Chancery’s June 11, 2009 judgment isREVERSED.

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