Metcap Securities LLC, et al. v. Pearl Senior Care, Inc., et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE METCAP SECURITIES LLC and ) NORTH AMERICAN SENIOR CARE ) No. 173, 2009 INC., ) ) Court Below: In the Court of Plaintiffs Below/ ) Chancery of the State of Delaware Appellants, ) ) C.A. No. 2129 v. ) ) PEARL SENIOR CARE, INC., PSC ) SUB INC., GEARY PROPERTY ) HOLDINGS, LLC and BEVERLY ) ENTERPRISES, INC., ) ) Defendants Below, ) Appellees. ) Submitted: August 12, 2009 Decided: August 13, 2009 Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices. ORDER This 13th day of August 2009, 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 February 27, 2009. NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Chief Justice

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