PENNZOIL CO. v. GETTY OIL CO.


473 A.2d 358 (1984)

PENNZOIL COMPANY, a Delaware corporation, Plaintiff, v. GETTY OIL COMPANY, a Delaware corporation, Gordon P. Getty, Trustee of the Sarah C. Getty Trust, The J. Paul Getty Museum, a California charitable trust, and Texaco Inc., a Delaware corporation, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: February 15, 1984.


Attorney(s) appearing for the Case

William T. Quillen, Robert K. Payson, Michael D. Goldman, and John E. James, of Potter, Anderson & Corroon, Wilmington, and John L. Jeffers, G. Irvin Terrell, Joseph Cialone, and Michael P. Graham, of Baker & Botts, Houston, Tex., and Mark A. Belnick, and Colleen McMahon, of Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for Pennzoil Company.

Lawrence C. Ashby, of Ashby McKelvie & Geddes, Wilmington, and Matthew J. Broderick, G. Daniel O'Donnell, Steven B. Feirson, and Melvin A. Schwarz, of Dechert, Price & Rhoads, Philadelphia, Pa., and Marc P. Cherno, Stuart Z. Katz, and Alexander R. Sussman, of Fried, Frank, Harris, Shriver & Jacobson, New York City, for Getty Oil Company.

William O. LaMotte, III, and Lawrence A. Hamermesh, of Morris, Nichols, Arsht & Tunnell, Wilmington, and William L. Rosoff, of Davis, Polk & Wardwell, New York City, for Gordon P. Getty, Trustee of the Sarah C. Getty Trust.

Bruce M. Stargatt, Jack B. Jacobs, and David C. McBride, of Young, Conaway, Stargatt & Taylor, Wilmington, and Michael Schwartz, of Wachtell, Lipton, Rosen & Katz, New York City, for The J. Paul Getty Museum.

Rodman Ward, and Stuart L. Shapiro, of Skadden, Arps, Slate, Meagher & Flom, Wilmington, for Texaco, Inc.


BROWN, Chancellor.

The plaintiff, Pennzoil Company ("Pennzoil"), following the denial of its application for a preliminary injunction, has filed a notice of voluntary dismissal pursuant to Rule 41(a)(1)(i) as to Texaco, Inc. ("Texaco"), one of the four defendants named in the original and amended complaint. On the same date that Pennzoil filed this notice of voluntary dismissal as to Texaco, it filed a new action against Texaco in the District Court of Harris County...

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