Free USCA Judgment - District Court of Delaware - Delaware


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Date: July 12, 2005
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State: Delaware
Category: District Court of Delaware
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i U n Case 1 :97-cv—00586-SLR Document 422 Filed 07/12/2005 Page 1 of 2
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NOS. 04-1790/2896
RONALD CANTOR; IVAN SNYDER;
JAMES A. SCARPONE, as Trustees of
the MAF CO Litigation Trust,
Appellants
v.
RONALD O. 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
(D.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 ADJ UDGED 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 422 Filed 07/12/2005 Page 2 of 2
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 summary judgments 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 III 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
AF F IRMED.
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:
Clerk
DATED: July l2, 2005
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