Contrarian Funds, L.L.C. v. Westpoint International, Inc.
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IN THE SUPREME COURT OF THE STATE OF DELAWARE CONTRARIAN FUNDS L.L.C., a limited liability company organized and existing under the laws of Delaware, et al., § § § § § Plaintiffs Below, § Appellants, § § v. § § WESTPOINT INTERNATIONAL, § INC., a corporation organized and § existing under the laws of Delaware, § et al., § § Defendants Below, § Appellees. § No. 769, 2010 Court Below Court of Chancery of the State of Delaware C.A. No. 2617 Submitted: July 27, 2011 Decided: August 3, 2011 Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc. ORDER This 3rd day of August, 2011, it appears to the Court that: 1) The Court has considered this matter after briefing and oral argument by the parties. 2) The Court of Chancery entered a final judgment on November 16, 2010 after granting the defendants/appellees Motion to Dismiss Verified Modified Third Amended Complaint and granting the defendants/appellees Motion to Vacate (As Moot and on the Merits) Partial Summary Judgment On Old Count III Of the Verified Second Amended Complaint. 3) We have concluded that the final judgment entered by the Court of Chancery on November 16, 2010 should be affirmed on the basis of its bench ruling on November 3, 2010 (a copy of which is attached), applying and interpreting In re Westpoint Stevens, Inc.1 NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Court of Chancery is AFFIRMED. BY THE COURT: /s/ Randy J. Holland Justice 1 In re Westpoint Stevens, Inc., 600 F.3d 231 (2d Cir. 2010). 2
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