Free USCA Mandate - District Court of Delaware - Delaware

Case 1:04-cv-01482-GMS

Document 113

Filed 06/14/2007

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

Nos. 06-2294 and 06-2408

DAVIS INTERNATIONAL, LLC; HOLDEX, LLC; FOSTON MANAGEMENT, LTD; OMNI TRUSTHOUSE, LTD v. NEW START GROUP CORP.; VENITOM CORP.; PAN-AMERICAN CORP.; MDM BANK; URAL-GORNO METALLURGICAL COMPANY; EVRAZ HOLDING; MIKHAIL CHERNOI; OLEG DERIPASKA; ARNOLD KISLIN; MIKHAIL NEKRICH; ISKANDER MAKMUDOV Davis International, LLC, Holdex, LLC, Foston Management, LTD, Omni Trusthouse, LTD, Appellants in 06-2294 New Start Group Corp; Venitom Corp.; MDM Bank; Ural-Gorno Metaluragical Company; Evraz Holding; Mikhail Chernoi; Oleg Deripaska; Arnold Kislin; Mikhail Nekrich; Iskander Makmudov, Appellants in 06-2408

Appeal from the United States District Court for the District of Delaware (D.C. Civil Action No. 04-cv-01482) District Judge: Honorable Gregory M. Sleet

Case 1:04-cv-01482-GMS

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Filed 06/14/2007

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Submitted Under Third Circuit LAR 34.1(a) January 30, 2007

Before BARRY AND ROTH, Circuit Judges, and DEBEVOISE*, District Judge

JUDGMENT

This cause came on to be heard on the record before the United States District Court for the District of Delaware and was submitted pursuant to Third Circuit LAR 34.1(a) on January 30, 2007. On consideration whereof, IT IS ORDERED AND ADJUDGED by this Court that the judgment of the District Court dated March 29, 2006, is: 1. Affirmed to the extent that it dismisses Appellants' complaint pursuant to the doctrine of direct estoppel; 2. Reversed to the extent that it denies Appellees' motion to enjoin Appellants from refiling their action. The action is remanded to the District Court for consideration of Appellees' motion to enjoin refiling of this action on the merits. The parties to bear their own costs. All of the above in accordance with the opinion of this Court.

Honorable Dickinson R. Debevoise, Senior District Court Judge for the District of New Jersey, sitting by designation.

*

Case 1:04-cv-01482-GMS

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ATTEST:

/s/ Marcia M. Waldron Clerk Dated: 23 May 2007

Certified as a true copy and issued in lieu of a formal mandate on June 14, 2007 Teste: Clerk, U.S. Court of Appeals for the Third Circuit