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AIR PRODUCTS AND CHEMICALS, INC. v. LUMMUS COMPANY

252 A.2d 545 (1968)

AIR PRODUCTS AND CHEMICALS, INC. a corporation of the State of Delaware, Plaintiff, v. The LUMMUS COMPANY, a corporation of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle.

September 24, 1968.

Attorney(s) appearing for the Case

Walter K. Stapleton, of Morris, Nichols, Arsht & Tunnell, Wilmington, and K. Robert Conrad, of Pepper, Hamilton & Scheetz, Philadelphia, Pa., for plaintiff.

H. James Conaway, Jr., and Edward B. Maxwell, 2nd, of Young, Conaway, Stargatt & Taylor, Wilmington, and George P. Williams, III, of Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for defendant.

MARVEL, Vice Chancellor.

On the morning of September 11, 1967 plaintiff filed a complaint in this Court seeking the issuance of an order permanently enjoining defendant from filing any action against plaintiff on any claim based on or arising out of the subject matter of two contracts of the parties (one dated July 19, 1954 and the other March 14, 1956) other than as part of an action then pending between the parties in the Superior Court of New Castle County concerning...

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