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CRESCENT/MACH I PARTNERS L.P. v. DR PEPPER BOTTLING CO.

No. 330, 2008.

962 A.2d 205 (2008)

CRESCENT/MACH I PARTNERS L.P., Jefferies & Co., Inc., Shared Opportunity Fund II LLC, Shared Opportunity Fund IIB LP, TCW/Crescent Mezzanine Investments Partners, L.P., TCW/Crescent Mezzanine Partners, L.P., TCW/Crescent Mezzanine Trust, TCW Leveraged Income Trust, L.P., TCW Leveraged Income Trust II, L.P., Brown University, Richard Handler Martha Handler, Petitioners Below, Appellants, v. DR PEPPER BOTTLING CO. OF TEXAS, Respondent Below, Appellee.

Supreme Court of Delaware.

Decided: December 1, 2008.

Attorney(s) appearing for the Case

Michael A. Weidinger, Esquire of Pinckney, Harris & Weidinger, LLC, Wilmington, DE; Of Counsel: Michael Swartz (argued) and Paul Derby, Esquires, of Hennigan, Bennett & Dorman, LLP, Los Angeles, CA, for Appellants.

Jon E. Abramczyk (argued), David J. Teklits and Justin B. Shane, Esquires, of Morris, Nichols, Arsht & Tunell, LLP, Wilmington, DE, for Appellee.

Before HOLLAND, JACOBS and RIDGELY, Justices.

JACOBS, Justice:

Crescent/Mach I Partners L.P. and other minority shareholders of Dr Pepper Bottling Holdings, Inc. ("Holdings"), the plaintiff-petitioners below, appeal from a Court of Chancery order modifying an appraisal opinion. A settlement between the parties had mooted the appraisal opinion, and as a consequence that opinion no longer had any legal effect. Because any modification thereof was also moot, we must reverse and vacate the Court of Chancery's modifying...

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