Swiss Farm Stores Acquisition LLC v. Redeemed Properties, LP, et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE SWISS FARM STORES ACQUISITION LLC, ) ) ) Plaintiff Below Apellant, ) ) v. ) ) REDEEMED PROPERTIES, LP., ) JAMES P. KAHN and ) EDMOND D. COSTANTINI, JR., ) ) Defendants Below Appellees. ) No. 615, 2012 Court Below: Chancery Court of the State of Delaware C.A. No. 7401 Submitted: May 22, 2013 Decided: May 23, 2013 Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices. ORDER This 23rd day of May, 2013, the Court, having carefully considered the decision and judgment of the Chancery Court dated October 22, 2012 together with the briefs of the parties and their contentions in oral argument, has determined as follows: 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

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