PEter Schoenfeld Asset Management LLC et al. v. Shaw et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE PETER SCHOENFELD ASSET MANAGE-§ MENT LLC, HUDSON VALLEY § PARTNERS, L.P., THE MERGER FUND, § LTD., SPHINX MERGER ARBITRAGE § (THE MERGER), THE MERGER FUND, § WCM PARTNERS, L.P. and ZURICH § INSTITUTIONAL BENCHMARKS § MASTER FUND LIMITED, on behalf of § themselves and all others similarly § situated, § § Plaintiffs Below, § Appellants, § § v. § § JACK A. SHAW, LARRY D. HUNTER, § MICHAEL J. GAINES, EDDY W. § HARTENSTEIN, ROXANNE S. AUSTIN, § JOSEPH R. WRIGHT, PATRICK J. § COSTELLO, STEPHEN R. KAHN, § JAMES M. HOAK, DENNIS F. § HIGHTOWER and HUGHES § ELECTRONICS CORPORATION, § § Defendants Below, § Appellees. § No. 384, 2003 Court Below: Court of Chancery of the State of Delaware in and for New Castle County C. A. No. 20087 Submitted: December 16, 2003 Decided: December 17, 2003 Before VEASEY, Chief Justice, HOLLAND, BERGER, STEELE and JACOBS Justices, constituting the Court en Banc. ORDER This 17th day of December 2003, upon consideration of the briefs of the parties, and their contentions in oral argument, it appears to the Court that the judgment of the Court of Chancery should be affirmed on the basis of and for the reasons set forth in its decision dated July 10, 2003. NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery is AFFIRMED. BY THE COURT: /s/ E. Norman Veasey Chief Justice -2-

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