TERRITORY OF U.S. v. GOLDMAN, SACHS & CO.

C.A. No. 2505-VCS.

937 A.2d 760 (2007)

The TERRITORY OF the UNITED STATES VIRGIN ISLANDS, individually and as assignee of the Successor Panex Industries, Inc. Stockholders Liquidating Trust, Plaintiff, v. GOLDMAN, SACHS & CO., a New York limited partnership, Defendant.

Court of Chancery of Delaware.

Decided: December 20, 2007.


Attorney(s) appearing for the Case

Bruce E. Jameson, Esquire, Melissa N. Donimirski, Esquire, Prickett, Jones & Elliott, P.A., Wilmington, Delaware; John K. Dema, Esquire, Scott E. Kauff, Esquire, Law Offices of John K. Dema, P.C., Christiansted, St. Croix, U.S. Virgin Islands, Attorneys for Plaintiff.

Andre G. Bouchard, Esquire, Bouchard Margules & Friedlander, P.A., Wilmington, Delaware; Melvin A. Brosterman, Esquire, Joseph E. Strauss, Esquire, Stroock & Stroock & Lavan LLP, Attorneys for Defendant.


OPINION

STRINE, Vice Chancellor.

In this decision, I grant the motion of defendant Goldman, Sachs & Co. to dismiss a complaint against it by the U.S. Virgin Islands. The Virgin Islands seeks to recoup from Goldman Sachs distributions made to it from a dissolved corporation, Panex Industries, Inc., in 1984 and 1985, and in 1987 from a liquidating trust established during Panex's dissolution, the Liquidating Trust. The Virgin Islands' theory is that Goldman...

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