Wenke, et al. v. E.I. duPont de Nemours & Company

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IN THE SUPREME COURT OF THE STATE OF DELAWARE PAULINE WENKE, and SCOTT ARTERBRIDGE, et al., Plaintiffs BelowAppellants, v. E.I. DU PONT DE NEMOURS AND COMPANY, Defendant BelowAppellee. § § § § § § § § § § § § § No. 305/306, 2007 CONSOLIDATED Court Below Superior Court of the State of Delaware, in and for New Castle County C.A. Nos. 03C-10-277 and 03C-05-031 Submitted: November 12, 2007 Decided: January 17, 2008 Before STEELE, Chief Justice, HOLLAND, and JACOBS, Justices. ORDER This 17th day of January 2008, after careful consideration of appellants opening brief and appellee s motion to affirm, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court=s wellreasoned decision dated May 31, 2007. The issue on appeal is controlled by this Court s decision in In re Asbestos Litig., 2006 WL 1214890 (Del. Apr. 12, 2006), and the Superior Court did not err in its application of the law to this case. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Chief Justice

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