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DRAPER v. GARDNER DEFINED PLAN TRUST

625 A.2d 859 (1993)

Robert E. DRAPER, Ronald O. Perelman, Saul J. Farber, Howard Gittis, Ann Dibble Jordan, David J. Mahoney, Paul A. Marks, Linda Gosden Robinson, and National Health Laboratories Incorporated, Defendants Below, Appellants, v. PAUL N. GARDNER DEFINED PLAN TRUST, Eric Ballan and Davis Jaroslawicz, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: May 28, 1993.

Attorney(s) appearing for the Case

Rodman Ward, Jr. (argued), and Jay W. Eisenhofer, Skadden, Arps, Slate, Meagher & Flom, Wilmington, for individual appellants.

Stephen E. Jenkins, Ashby & Geddes, Wilmington, for Nat. Health Laboratories, Inc.

Joseph A. Rosenthal (argued), and Kevin Gross, Rosenthal, Monhait, Gross & Goddess, P.A., Wilmington, for appellees; Goodkind, Labaton, Rudoff & Sucharow, New York City, Milberg, Weiss, Bershad, Specthrie & Lerach, San Diego, CA, Wolf, Popper, Ross, Wolf & Jones, New York City, of counsel.

Before VEASEY, C.J., WALSH and HOLLAND, JJ.

VEASEY, Chief Justice.

Before the Court is an expedited appeal of an order of the Court of Chancery granting leave to plaintiffs to dismiss these derivative actions, without prejudice, upon the payment of the costs. The resulting dismissal of this action was a voluntary dismissal pursuant to Chancery Rule 41(a)(2), the defendants having filed answers and a motion for summary judgment.1 Whether...

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