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MENNEN v. WILMINGTON TRUST COMPANY

C.A. No. 8432-ML.

KATHRYN MENNEN, SARAH MENNEN, ALEXANDRA MENNEN, SHAWN MENNEN, and JOHN MENNEN, Plaintiffs, v. WILMINGTON TRUST COMPANY, a Delaware Corporation, GEORGE JEFFREY MENNEN, and OWEN J. ROBERTS, not Individually but solely as the individual Trustee of the TRUST ESTABLISHED BY GEORGE S. MENNEN FOR THE BENEFIT OF GEORGE JEFFREY MENNEN u/a/d 11/25/1970, a Delaware trust. Defendants.

Court of Chancery of Delaware.

Draft Report: January 17, 2014.

Final Report: April 24, 2015.

Attorney(s) appearing for the Case

Kevin G. Abrams, J. Peter Shindel, Jr. , and Matthew L. Miller of Abrams & Bayliss LLP, Wilmington, Delaware; Attorneys for Plaintiffs.

Thomas W. Briggs, Jr. , Jay N. Moffitt , Matthew R. Clark and Brendan W. Sullivan of Morris, Nichols, Arsht & Tunnell LLP, Wilmington, Delaware; Attorneys for Defendant Wilmington Trust Company.

Jeffrey S. Cianciulli of Weir & Partners LLP, Wilmington, Delaware; Attorney for Defendant George Jeffrey Mennen.

Brian J. Ralston of Potter Anderson & Corroon LLP, Wilmington, Delaware; Attorneys for Owen J. Roberts.

The summary judgment motion pending before me places an uncomfortable spotlight on the limits of this Court's inherent power to "do equity" and the limits of the storied and much-debated power of the judicial system to "make law." In my post-trial final report issued simultaneously with this report, I conclude that the individual...

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