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BATA v. BATA

170 A.2d 711 (1961)

Jan A. BATA, Defendant Below, Appellant, v. Thomas J. BATA, Thomas J. Bata and David Graham, as Executors of the Estate of Mary T. Bata, and Western Investment and Trading Company, Limited, a Bermuda corporation, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

April 25, 1961.

Attorney(s) appearing for the Case

George T. Coulson (of Morris, Nichols, Arsht & Tunnell), Wilmington, Harold E. Stassen (of Stassen, Kephart, Sarkis & Scullin), Philadelphia, Pa., and Amos J. Peaslee, Jr. (of Peaslee, Brigham, Albrecht & McMahon), New York City, for appellant.

Robert H. Richards, Jr. (of Richards, Layton & Finger), Wilmington, and Inzer B. Wyatt, John W. Dickey and Edward C. Stebbins, Jr. (of Sullivan & Cromwell), New York City, for appellees.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

SOUTHERLAND, Chief Justice.

The defendant-appellant, Jan Bata, has filed a petition for reargument on seven grounds. The seventh ground embodies a motion to remand the case to the court below in order that the defendant may move the Chancellor to reopen the case and receive newly discovered evidence. Since the motion to remand presents a question not heretofore raised in this proceeding, we consider it first.

Petition...

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