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GATZ PROPERTIES, LLC v. AURIGA CAPITAL CORPORATION

No. 148, 2012.

59 A.3d 1223 (2012)

GATZ PROPERTIES, LLC, a Delaware limited liability company, and William A. Gatz, Defendant Below, Appellants, v. AURIGA CAPITAL CORPORATION, a Delaware Corporation, Paul Rooney, Hakan Sokmenseur, Don Kyle, Ivan Benjamin, and Glenn Morse, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: December 14, 2012.

Attorney(s) appearing for the Case

Steven L. Caponi (argued) and Elizabeth A. Sloan, Esquires , Blank Rome LLP, Wilmington, Delaware, for appellants.

John L. Reed (argued), R. Craig Martin and Scott B. Czerwonka, Esquires , DLA Piper LLP, Wilmington, Delaware, for appellees.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

PER CURIAM:

The Court has considered carefully the appellees' motion for attorney fees incurred in defending this appeal, the appellants' response thereto, and the appellees' reply. This Court has authority to award attorney fees in appropriate cases.1 In this case, however, whether the appellants acted in bad faith in pursuing this appeal is a question possibly requiring findings of fact that are better addressed by the Court of Chancery...

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