Schwartzkopf v. Esham

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IN THE SUPREME COURT OF THE STATE OF DELAWARE WAYNE E. SCHWARTZKOPF, Administrator of the Estate of ELSIE M. SCHWARTZKOPF, deceased, and WAYNE E. SCHWARTZKOPF, individually and in his own right, Plaintiffs Below, Appellants, v. CHARLES A. ESHAM, M.D., and WILMINGTON MEDICAL ASSOCIATES, P.A., Defendants Below, Appellees. § § § § § § § § § § § § § § § § § § No. 82, 2004 Court Below: Superior Court of the State of Delaware in and for New Castle County C.A. No. 02C-07-064 Submitted: February 2, 2005 Decided: February 3, 2005 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices. ORDER This 3rd day of February, 2005, the Court, having considered this matter on the arguments and briefs of the parties, and having concluded that the same should be affirmed on the basis of and for the reasons assigned by the Superior Court in its opinion dated February 2, 2004, and order dated February 9, 2004; NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Superior Court be, and the same hereby is AFFIRMED. BY THE COURT: /s/ Carolyn Berger Justice 2

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