LUMMUS COMPANY v. AIR PRODUCTS AND CHEMICALS, INC.


243 A.2d 718 (1968)

The LUMMUS COMPANY, a Delaware corporation, Defendant Below, Appellant, v. AIR PRODUCTS AND CHEMICALS, INC., a Delaware corporation, Plaintiff Below, Appellee.

Supreme Court of Delaware.

June 6, 1968.


Attorney(s) appearing for the Case

H. James Conaway, Jr. and Edward B. Maxwell, 2nd, of Young, Conaway, Stargatt & Taylor, Wilmington, and Shearman & Sterling, New York City, and Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for defendant below, appellant.

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

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.


HERRMANN, Justice.

This is an appeal from an order of the Chancery Court granting the plaintiff's motion for a protective order against certain discovery sought by the defendant. The plaintiff moves to dismiss the appeal on the ground that the protective order is not an appealable order.

The action is for an injunction against the prosecution of a suit in Puerto Rico upon causes of action now pending between the parties in the Superior Court of Delaware. The...

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