Park Employees' & Retirement Board Employees' et al. v. Smith, et al.
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IN THE SUPREME COURT OF THE STATE OF DELAWARE PARK EMPLOYEES’AND § RETIREMENT BOARD EMPLOYEES’ § ANNUITY AND BENEFIT FUND OF § CHICAGO, derivatively and on behalf § of BioScrip, Inc., § § Plaintiff Below, § Appellant, § § v. § § RICHARD M. SMITH, MYRON Z. § HOLUBIAK, CHARLOTTE W. § COLLINS, SAMUEL P. FRIEDER, § DAVID R. HUBERS, RICHARD L. § ROBBINS, STUART A. SAMUELS, § GORDON H. WOODWORD, § KIMBERLEE C. SEAH, HAI V. TRAN, § PATRICIA BOGUSZ, KOHLBERG & § CO., L.L.C., KOHLBERG § MANAGEMENT V, L.L.C., § KOHLBERG INVESTORS V, L.P., § KOHLBERG PARTNERS V, L.P., § KOHLBERG TE INVESTORS V, L.P., § KOCO INVESTORS V, L.P. and § JEFFERIES LLC, § § Defendants Below, § Appellees, § § and § § BIOSCRIP, INC., § § Nominal Defendant Below, § Appellee. § No. 198, 2017 Court Below—Court of Chancery of the State of Delaware C.A. No. 11000-VCG Submitted: November 15, 2017 Decided: November 27, 2017 Before STRINE, Chief Justice; VALIHURA, VAUGHN, SEITZ, and TRAYNOR, Justices, constituting the Court en Banc. ORDER This 27th day of November 2017, it appears to the Court that the judgment of the Court of Chancery should be affirmed on the basis of and for the reasons assigned in its order dated May 31, 2016.1 NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery is hereby AFFIRMED. BY THE COURT: /s/ Leo E. Strine, Jr. Chief Justice Park Emps.’ & Ret. Bd. Emps.’ Annuity & Benefit Fund of Chicago v. Smith, 2016 WL 3223395 (Del. Ch. May 31, 2016). 1 2
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