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DIEDENHOFEN-LENNARTZ v. DIEDENHOFEN

C.A. No. 2589-VCS.

931 A.2d 439 (2007)

Eleanore DIEDENHOFEN-LENARTZ, Volker Diedenhofen, RÜDIGER Diedenhofen, GÖTZ Diedenhofen, and Eva Eifeler Vermögensanlagen Gesellschaft bürgerlichen Rechts, a German Gesellschaft bürgerlichen Rechts, Plaintiffs, v. Ulrike DIEDENHOFEN, Defendant.

Court of Chancery of Delaware, New Castle County.

Date Decided: August 8, 2007.

Attorney(s) appearing for the Case

Samuel A. Nolen, Rudolf Koch, Richards, Layton & Finger, P.A., Wilmington, DE, for Plaintiffs.

Kevin F. Brady, Connolly Bove Lodge & Hutz, LLP, Wilmington, DE; Marc J. Sonnenfeld, Elizabeth H. Fay, Morgan, Lewis & Bockius, LLP, Philadelphia, PA; Martina Bernstein, Morgan, Lewis & Bockius, LLP, Los Angeles, CA, for Defendants.

OPINION

STRINE, Vice Chancellor.

I. Introduction

This is the fifth civil action filed in an international struggle among the children of Gunter and Ingeborg Diedenhofen over the ownership and control of the family's assets. The five Diedenhofen children and their mother are Gesellschafter, or partners, in EVA Eifeler Vermogensanlagen ("EVA"). EVA is a Gesellschaft burgerlichen Rechts, a German

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