Achtermann, et al. v. Warrington

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IN THE SUPREME COURT OF THE STATE OF DELAWARE LISA A. ACHTERMANN, individually ) and as Next Friend of Plaintiffs ) No. 57, 2008 John M. Achtermann, III, and Ty ) Achtermann, JOHN M. ACHTERMANN,) Court Below: Superior Court JR., her husband, individually and as ) of the State of Delaware in Next Friend of Plaintiffs John M. ) and for New Castle County Achtermann, III, and Ty Achtermann, ) JOHN M. ACHTERMANN, III, a minor ) C.A. No. 05C-04-198 and TY ACHTERMANN, a minor, ) ) Plaintiffs Below ) Appellants, ) ) v. ) ) OSCAR WARRINGTON and ) MARY WARRINGTON, ) ) Defendants Below, ) Appellees. ) Submitted: September 3, 2008 Decided: September 5, 2008 Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY Justices, constituting the Court en banc. ORDER This 5th day of September 2008, upon consideration of the briefs of the parties, and their contentions in oral argument, it appears to the Court that the judgment of the Superior Court should be affirmed on the basis of and for the reasons set forth in its decision dated March 22, 2007. 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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