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MARINO v. PATRIOT RAIL CO.

C.A. No. 11605-VCL.

131 A.3d 325 (2016)

Gary O. MARINO, Plaintiff, v. PATRIOT RAIL COMPANY LLC, Defendant.

Court of Chancery of Delaware.

Decided: February 29, 2016.

Attorney(s) appearing for the Case

Philip Trainer, Jr. , Toni-Ann Platia , Ashby & Geddes, Wilmington, Delaware; Lawrence J. Hamilton II , Frederick D. Page , Ben Ziggy Williamson , Holland & Knight LLP, Jacksonville, Florida; Counsel for Plaintiff Gary O. Marino.

John D. Hendershot , Rachel E. Horn , Richards, Layton & Finger, P.A., Wilmington, Delaware; Charles Bachman , O'Melveny & Myers LLP, New York, New York; Counsel for Defendant Patriot Rail Company LLC.

OPINION

Plaintiff Gary O. Marino seeks advancements of fees and expenses from defendant Patriot Rail Company LLC (the "Company"). The parties have cross-moved for summary judgment. Marino's motion is granted. The Company's motion is denied.

I. FACTUAL BACKGROUND

The facts are drawn from the affidavits...

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