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DELAWARE CHEMICALS v. REICHHOLD CHEMICALS

124 A.2d 553 (1956)

DELAWARE CHEMICALS, Inc., a corporation of the State of Delaware, Plaintiff, v. REICHHOLD CHEMICALS, Inc., a corporation of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle.

July 12, 1956.

Attorney(s) appearing for the Case

Howard L. Williams and Edmund D. Lyons, of Morris, James, Hitchens & Williams, Wilmington, for plaintiff.

James R. Morford, of Morford & Bennethum, Wilmington, Albert G. Goetz, of Goetz & Goetz, Detroit, Mich., and Harry C. Bierman, New York City, for defendant.

SEITZ, Chancellor.

On October 27, 1950, plaintiff and defendant executed a contract by which plaintiff agreed to disclose to defendant upon certain terms and conditions its alleged secret process for manufacturing and producing Pentaerythritol ("penta"). Subsequently, defendant terminated the contract pursuant to its provisions. Thereafter, allegedly by use of plaintiff's disclosed secret process or some process derived therefrom the defendant commenced itself to...

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