Southeastern Pennsylvania Transportation Authority, et al. v. Blankefein, et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY AND INTERNATIONAL BROTHERWOOD OF ELECTRICAL WORKERS LOCAL 98 PENSION FUND, individually, and on Behalf of all those similarly situated, ) ) ) ) ) ) ) Plaintiffs Below, Appellants, ) ) v. ) ) LLOYD C. BLANKEFEIN, GARY D. ) COHN, JOHN H. BRYAN, CLAES ) DAHLBACK, STEPHEN FRIEDMAN, ) WILLIAM W. GEORGE, RAJAT K. ) GUPTA, JAMES A. JOHNSON, LOIS D. ) JULIBER, LAKSHMI N. MITTAL, ) JAMES J. SCHIRO, RUTH J. SIMMONS, ) DAVID A. VINIAR, J. MICHAEL EVANS, ) and GOLDMAN SACHS GROUP, INC., ) ) Defendants Below, Appellees. ) No. 608, 2011 Court Below: Court of Chancery of the State of Delaware C.A. No. 5215 Submitted: April 4, 2012 Decided: May 3, 2012 Before STEELE, Chief Justice, HOLLAND, BERGER, RIDGELY, Justices and PARKINS, Judge.* ORDER This 3rd day of May 2012 the Court, having carefully considered the decision and judgment of the Court of Chancery dated October 12, 2011, the briefs of the parties, and their contentions in oral argument has determined as follows: * Sitting by designation pursuant to Del. Const. Art. IV § 12. To the extent that: (a) the issues raised on appeal are factual, the record evidence supports the trial judge s factual findings; (b) the errors alleged on appeal are attributed to an abuse of discretion, the record does not support those assertions; (c) the issues raised on appeal are legal, they are controlled by settled Delaware law, which was properly applied. NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Chief Justice 2

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