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LIBERTY MUT. INS. CO. v. ENJAY CHEM. CO.

316 A.2d 219 (1974)

LIBERTY MUTUAL INSURANCE COMPANY et al., Plaintiffs, v. ENJAY CHEMICAL COMPANY (NOW EXXON CORPORATION) et al., Defendants.

Superior Court of Delaware, New Castle.

January 17, 1974.

Attorney(s) appearing for the Case

Walter P. McEvilly, of Prickett, Ward, Burt & Sanders, Wilmington, for plaintiffs.

Bruce M. Stargatt, and Jack B. Jacobs of Young, Conaway, Stargatt & Taylor, Wilmington, for Enjay Chemical Co. (now Exxon Corp.)

Allen M. Terrell, Jr., of Richards, Layton & Finger, Wilmington, for defendant, Johnson & Johnson.

OPINION

McNEILLY, Judge.

This is an action filed on November 5, 1971 by E. I. duPont deNemours & Company and its fidelity insurer, Liberty Mutual Insurance Company, (hereinafter collectively "duPont"), to recover certain monies allegedly owed by defendants, Enjay Chemical Company (now Exxon Corporation, but referred to herein as "Enjay"), and Johnson and Johnson. The basis of the action is the alleged non-payment of royalties under the terms of contracts...

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