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E.I. DU PONT de NEMOURS v. HEM RESEARCH

Civ. A. No. 10747.

576 A.2d 635 (1989)

E.I. DU PONT de NEMOURS AND COMPANY, a Delaware corporation, Plaintiff, v. HEM RESEARCH, INC., a Maryland corporation, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: November 6, 1989.

Attorney(s) appearing for the Case

William H. Sudell, Jr., Jack B. Blumenfeld, Matthew B. Lehr, and R. Judson Scaggs, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, for E.I. duPont de Nemours and Co.

Lawrence C. Ashby, Steven J. Balick, and Keith R. Sattesahn, of Ashby, McKelvie & Geddes, Wilmington, and Michael Arthur Walsh, of Choate, Hall & Stewart, Boston, Mass., for HEM Research, Inc.

OPINION

JACOBS, Vice Chancellor.

The plaintiff, E.I. duPont de Nemours and Company, a Delaware corporation ("DuPont") has moved for a preliminary injunction restraining the defendant, HEM Research, Inc., a Maryland corporation ("HEM"), from paying a dividend, making other distributions, or otherwise dissipating its assets other than in the ordinary course of its business. This is the decision of the Court on that motion.

I.

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