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KYSOR INDUS. CORP. v. MARGAUX, INC.

Civil Action No. 94C-12-196-JOH.

674 A.2d 889 (1996)

KYSOR INDUSTRIAL CORPORATION, Plaintiff, v. MARGAUX, INC., Defendant, and Dover Diversified, Inc., Defendant-Intervenor.

Superior Court of Delaware, New Castle County.

Decided: January 31, 1996.

Attorney(s) appearing for the Case

Wayne N. Elliott, and Ronald A. Brown, Jr., of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for plaintiff.

Richard D. Heins, of Ashby & Geddes, Wilmington, for defendant.

Martin P. Tully, and Elaine C. Reilly, of Morris, Nichols, Arsht & Tunnell, Wilmington, and Thomas C. Ewing of Foley & Lardner, Milwaukee, Wisconsin, for defendant-intervenor.

OPINION

HERLIHY, Judge.

This is Kysor Industrial Corporation's [Kysor] renewed motion for summary judgment.

PROCEDURAL POSTURE

Kysor filed this action on December 19, 1994, seeking damages for an alleged breach of contract on the part of Margaux, Inc. [Margaux]. Pursuant to a letter of intent between Kysor and Margaux, the latter would pay a $300,000 termination fee plus expenses...

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