Black et al. v. Hollinger International, Inc. and Cardinal Value Equity Partners, LP

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IN THE SUPREME COURT OF THE STATE OF DELAWARE § § § § Defendants Below§ Appellants, § § v. § HOLLINGER INTERNATIONAL, INC., § § § Plaintiff Below§ Appellee § § and § § CARDINAL VALUE EQUITY § PARTNERS, LP, § § Intervenor Below§ Appellee. CONRAD M. BLACK, HOLLINGER, INC. and 504468 N.B., INC., No. 131, 2004 Court Below Court of Chancery of the State of Delaware, in and for New Castle County C.A. No. 183-N Submitted: April 2, 2004 Decided: April 23, 2004 Before HOLLAND, BERGER, and STEELE, Justices. ORDER This 23rd day of April 2004, it appears to the Court that: (1) The defendants below, Conrad M. Black, Hollinger, Inc., and 504468 N.B., Inc., have petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from an interlocutory ruling of the Court of Chancery entered on March 4, 2004. The Court of Chancery s order, in part, granted the plaintiff s motion for a preliminary injunction against a transaction known as the PHIL transaction and against further breaches of a restructuring proposal dated November 15, 2003 between defendant Conrad Black and plaintiff Hollinger International. (2) On March 22, 2004, the Court of Chancery denied the defendants application to certify an interlocutory appeal to this Court. (3) Applications for interlocutory review are addressed to the sound discretion of this Court and are granted only in extraordinary cases. (4) In the exercise of its discretion, this Court has concluded that the application for interlocutory review does not meet the requirements of Supreme Court Rule 42(b) and should be refused. NOW, THEREFORE, IT IS HEREBY ORDERED that the within interlocutory appeal is REFUSED. BY THE COURT: /s/ Carolyn Berger Justice -2-

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