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DUNCAN v. THERATX, INC.

No. 575, 2000.

775 A.2d 1019 (2001)

James W. DUNCAN, Jr., Timothy S. Smick, et al, Plaintiffs Below, Appellants, v. THERATX, INCORPORATED, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: June 1, 2001.

Attorney(s) appearing for the Case

Stephen W. Spence, of Phillips, Goldman & Spence, P.A., Wilmington; Robert L. Rothman (argued), of Arnall Golden Gregory, L.L.P., Atlanta, Georgia, of counsel, for Appellants.

William O. LaMotte III (argued), William M. Lafferty, and Matthew Neiderman, of Morris, Nichols, Arsht & Tunnell, Wilmington; R. Laurence Macon, P.C., Rebecca Simmons, Jo Beth Eubanks, of Akin, Gump, Strauss, Hauer & Feld, L.L.P., San Antonio, Texas, of counsel, for Appellee.

Before VEASEY, C.J., WALSH and BERGER, JJ.

VEASEY, Chief Justice:

In this certification proceeding, we resolve a novel question of Delaware law certified to this Court by the United States Court of Appeals for the Eleventh Circuit in accordance with Article IV, Section 11(9), of the Delaware Constitution and Supreme Court Rule 41. The certified question concerns the appropriate method of calculating contract damages where an issuer's temporary suspension of a shelf...

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