VGS, Inc. v. Castiel et al. and Virtual Geosatellite, LLC

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IN THE SUPREME COURT OF THE STATE OF DELAWARE VGS, INC., § § Plaintiff Below, Appellant § § v. § § DAVID CASTIEL, VIRTUAL § GEOSATELLITE HOLDINGS, INC., § and ELLIPSO, INC., § § Defendants Below, Appellees. § § VGS, INC., PETER D. SAHAGEN § and SAHAGEN SATELLITE § TECHNOLOGY GROUP, LLC, § § Counterclaim Defendants § Below, Appellants, § § v. § § VIRTUAL GEOSATELLITE § HOLDINGS, INC., and ELLIPSO, INC., § § Counterclaim Plaintiffs § Below, Appellees, § § and § § VIRTUAL GEOSATELLITE, LLC, § § Counterclaim Plaintiff § Below, Appellee. § No. 564, 2000 Court Below: Court of Chancery of the State of Delaware in and for New Castle County C.A. No. 17995 Submitted: May 22, 2001 Decided: May 23, 2001 Before VEASEY, Chief Justice, HOLLAND and BERGER, Justices. ORDER This 23rd day of May, 2001, the Court, having considered the decision of the Court of Chancery dated August 31, 2000, and the briefs and arguments of the parties, has determined that: to the extent the issues raised on appeal are factual, the record evidence supports the trial judge s factual findings; to the extent the errors alleged on appeal are attributed to an abuse of discretion, the record does not support those assertions; and to the extent that the issues raised on appeal are legal, they are controlled by settled Delaware law, which was properly applied. Chris-Craft Industries, Inc., Del.Supr., 285 Accord Schnell v. A.2d 437 (1971); Rossdeutscher v. Viacom, Inc., Del.Supr., 768 A.2d 8 (2001). NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery Court be, and the same hereby is AFFIRMED. BY THE COURT: /s/ Carolyn Berger Justice 2

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