Institutional Dental Care, Inc. v. Prison Health Services, Inc.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE INSTITUTIONAL DENTAL CARE, INC., Plaintiff Below, Appellant, v. PRISON HEALTH SERVICES, INC., Defendant Below, Appellee. § § § § § No. 201, 2001 § § Court Below: Superior Court § of the State of Delaware in and § for New Castle County § C.A. No. 99C-03-065 § § § Submitted: November 14, 2001 Decided: November 19, 2001 Before WALSH, HOLLAND and BERGER, Justices. ORDER This 19th day of November 2001, upon consideration of the briefs of the parties, we conclude that the Superior Court did not err in dismissing appellant s claim of a deceptive trade practice under 6 Del. C. § 2532. As a matter of law, appellant failed to support its claim that the action of the parties in their contractual relationship constituted a violation of the Deceptive Trade Practices Act. Accordingly, the grant of summary judgment in favor of the appellee was appropriate. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED. BY THE COURT: s/Joseph T. Walsh Justice 2

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