AIR PRODUCTS AND CHEMICALS, INC. v. LUMMUS COMPANY


252 A.2d 543 (1969)

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

Supreme Court of Delaware.

March 31, 1969.


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 appellant.

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

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


WOLCOTT, Chief Justice.

This is an appeal by Air Products & Chemicals, Inc., from a final judgment in Chancery denying a final injunction, 252 A.2d 545, preventing The Lummus Company from instituting litigation in Puerto Rico, or any other forum, involving the same claims asserted in an action commenced by Air Products against Lummus in the Delaware Superior Court.

The dispute between these parties arises out of the construction...

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