Gilbert v. Kossak

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JERRY P. GILBERT, CRAIG S. GILBERT, JR., and CONSTANCE V. GILBERT, § § § § § § No. 95, 2000 § § Court Below: Court of Chancery § of the State of Delaware in and for § New Castle County § C.A. No. 17198 § § Defendants Below, Appellants, v. ROBERT L. KOSSAK, Plaintiff Below, Appellee. Submitted: October 17, 2000 Decided: October 25, 2000 Before WALSH, HOLLAND, and BERGER, Justices. ORDER This 25th day of October 2000, upon consideration of the briefs of the parties, we conclude that the Court of Chancery exercised its discretion in awarding counsel fees and costs pursuant to 10 Del. C. § 5106 and Rule 54(d) of the Rules of the Court of Chancery. We find no abuse of that discretion and, accordingly, affirm. NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery be, and the same hereby is, AFFIRMED. BY THE COURT: s/Joseph T. Walsh Justice

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