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   State Courts - Delaware - April 4, 2003

  
In re One Remington Model 700 MLS Loader Rifle, Serial # ML111588, C.A. No. 02M-10-119, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 4, 2003, Decided
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Overview: Where a rifle was illegally seized from its owner, who was not charged with a crime, the rifle was not forfeited to the State; because there was no trial associated with the rifle, it was detained unlawfully.

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Omnicare, Inc. v. NCS Healthcare, Inc., No. 605, 2002, No. 649, 2002 CONSOLIDATED, SUPREME COURT OF DELAWARE, April 4, 2003, Decided
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Overview: A court reversed to stop merger; target's directors did not negotiate fiduciary out clause to stop use of voting trust and required shareholder voting to effectively lock up merger and prevent board's exercise of continuing fiduciary duties.

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Price v. Blue Plate Diner & Unemployment Ins. Appeal Bd., C.A. No. 02A-10-002, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 4, 2003, Decided
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Overview: Record supported Delaware Unemployment Insurance Appeal Board's decision that an employee who failed to record the sale of two cups of coffee on a cash register and pocketed the proceeds acted willfully and wantonly, and was fired for just cause.

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Smith v. ACME Mkts., C.A. No. 02C-07-002 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 4, 2003, Decided
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Overview: Because unadopted national standards were admissible as evidence of industry standards, the testimony of a customer's expert, as to breach of the standards, raised an issue of fact that precluded summary judgment.

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