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STEARN v. KOCH

628 A.2d 44 (1993)

Leathem S. STEARN, Defendant/Third-Party Plaintiff Below, Appellant, Cross-Appellee, v. David H. KOCH and Showcase Communications Network, Ltd., Plaintiffs Below, Appellees, Cross-Appellants.

Supreme Court of Delaware.

Decided: June 22, 1993.

Reargument Denied July 22, 1993.

Attorney(s) appearing for the Case

Brian J. Bartley of Sullivan & Bartley, Wilmington, and Sheldon D. Camhy (argued), and Scott D. Stechman of Camhy, Karlinsky & Stein, New York City, for defendant, cross-appellee.

Michael Hanrahan (argued), and April Caso Ishak of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for plaintiffs, cross-appellants.

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

HOLLAND, Justice:

This proceeding originated with a request for this Court to review a final judgment of the Court of Chancery. The appeal was voluntarily dismissed. The issue raised by the cross-appeal has become moot. We have concluded, sua sponte, that the cross-appeal in this civil matter should be dismissed. That portion of the judgment entered by the Court of Chancery, which was at issue in the cross-appeal, will also be vacated.

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