Free USCA Mandate - District Court of Delaware - Delaware

Case 1:97-cv-00586-SLR

Document 423

Filed 08/15/2005

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

NOS. 04-179012896

RONALD CANTOR; IVAN SNYDER; JAMES A. SCARPONE, as Trustees of the MAFCO Litigation Trust, Appellants

RONALD 0. PERELMAN; MAFCO HOLDINGS, INC.; MACANDREWS & FORBES HOLDINGS, INC.; ANDREWS GROUP INCORPORATED; WILLIAM C. BEVINS; DONALD G. DRAPKIN

On Appeal From the United States District Court

For the District of Delaware @.C. Civil Action No. 97-cv-00586) District Judge: Hon. Kent Jordan Argued February 14,2005 BEFORE: SLOVITER, ALDISERT and STAPLETON, Circuit Judges JUDGMENT This cause came on to be heard on the record from the United States District Court for the District of Delaware and was argued by counsel on February 14,2005.
On consideration whereof, it is now here ORDERED AND ADJUDGED by this Court as follows:

The Order of the said District Court entered June 9,2004, and its Order entered

Case 1:97-cv-00586-SLR

Document 423

Filed 08/15/2005

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February 18,2004, adopting the Report and Recommendation of the Magistrate Judge dated December 9,2002, are reversed in part and affirmed in part as follows: 1. The summaryjudgments in favor of the defendants on plaintiffs' unjust enrichment claims are REVERSED. 2. The summary judgments in favor of defendants on plaintiffs' damage claims with respect to the issuance of the Parent Notes and the Marvel I11 Notes are REVERSED.

3. The summary judgments in favor of the defendants on plaintiffs' damage claim arising from the Marvel Holdings Note issuance are AFFIRMED.
4. The District Court's refusal to enter summary judgment in plaintiffs' favor is AFFIRMED. 5. This matter is REMANDED for further proceedings consistent with this opinion. Costs are taxed against Appellees. All of the above is in accordance with the opinion of this Court.

ATTEST:

khb oClerk DATED: July 12,2005

Case 1:97-cv-00586-SLR

Document 423

Filed 08/15/2005

Page 3 of 3

RE: Snyder v. Perelman Docket No. 04- 179012896 Cost taxed in favor of the Appellants as follows: Appellant's brief...............................$273.80 Appendix.......................................$2,905.60 Reply brief.................................. .$153.40 Sales tax ............................................$287.45 $250.00 Docketing fee.. .................................. Total..........................................................$3'870.25

Certified as a true copy and issued in lieu of a for a mandate on August 15,2005

U.S. Court of Appeals for the Third Circuit.

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