IN THE SUPREME COURT OF THE STATE OF DELAWARE
CONTRARIAN FUNDS L.L.C., a
limited liability company organized
and existing under the laws of
Delaware, et al.,
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§
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Plaintiffs Below,
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Appellants,
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§
v.
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WESTPOINT INTERNATIONAL, §
INC., a corporation organized and
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existing under the laws of Delaware, §
et al.,
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Defendants Below,
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Appellees.
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No. 769, 2010
Court Below – Court of Chancery
of the State of Delaware
C.A. No. 2617
Submitted: July 27, 2011
Decided: August 3, 2011
Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and
RIDGELY, Justices, constituting the Court en Banc.
ORDER
This 3rd day of August, 2011, it appears to the Court that:
1)
The Court has considered this matter after briefing and oral
argument by the parties.
2)
The Court of Chancery entered a final judgment on November
16, 2010 after granting the defendants/appellees’ Motion to Dismiss Verified
Modified Third Amended Complaint and granting the defendants/appellees’
Motion to Vacate (As Moot and on the Merits) Partial Summary Judgment
On Old Count III Of the Verified Second Amended Complaint.
3)
We have concluded that the final judgment entered by the Court
of Chancery on November 16, 2010 should be affirmed on the basis of its
bench ruling on November 3, 2010 (a copy of which is attached), applying
and interpreting In re Westpoint Stevens, Inc.1
NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment
of the Court of Chancery is AFFIRMED.
BY THE COURT:
/s/ Randy J. Holland
Justice
1
In re Westpoint Stevens, Inc., 600 F.3d 231 (2d Cir. 2010).
2
