Sally Marks v. Louis E. Wolfson Et Al‪.‬

MARVEL, Vice Chancellor. Plaintiffs in the above cases, which were tried together, submitted evidence in support of their respective contentions.
At the Conclusion of their cases in chief, counsel for the defendants against whom relief is sought, without waiving their
clients' rights to offer further evidence in the event that their motions should not be granted, moved for dismissal under
Rule 41(b), Del.C.Ann. on the grounds that upon the facts and the law both plaintiffs had failed to show any right to relief.
Because much of the evidence upon which plaintiffs rely was elicited from the defendants it was not all favorable to plaintiffs'
cause and evidentiary matter now in the record not formally offered by plaintiffs has been marked as offered by the moving
defendants. The Rule 41(b) motions were taken under advisement and this is the opinion of the Court on such motions.