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UNITED PHOSPHORUS, LTD. v. MICRO-FLO, LLC

C.A. No. 01C-05-030-JRJ.

797 A.2d 1208 (2001)

UNITED PHOSPHORUS, LTD. and United Phosphorus, Inc., Plaintiffs, v. MICRO-FLO, LLC, Micro-Flo Company and Basf Corporation, Defendants.

Superior Court of Delaware, New Castle County.

Decided: November 26, 2001.

Attorney(s) appearing for the Case

Michael P. Kelly, Esquire, McCarter & English, LLP, Wilmington, Mark Troobnick, Esquire and James Wright, Esquire, Wright & Sielaty, P.C., Lake Ridge, Virginia 22192-3026 for Plaintiffs.

Richard D. Kirk, Esquire, Morris, James, Hitchens & Williams, Wilmington, Andrew L. Deutsch, Esquire, Tracey G. Turner, Esquire and Jeffrey F. Liss, Esquire, Piper, Marbury, Rudnick & Wolfe, LLP, New York, New York 10020 for Defendants.

ORDER

JURDEN, J.

I. Procedural Background

Before the Court is a Motion to Dismiss or Stay the Action filed by Defendants Micro-Flo LLC, Micro-Flo Company and BASF (collectively referred to as "Micro-Flo"). The action sought to be dismissed was filed against Defendants by United Phosphorous, Ltd. and United Phosphorous Inc. (collectively referred to as "UP") in this Court on May 4, 2001. In support of its motion, Micro-Flo contends that because...

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