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AES CORP. v. DOW CHEMICAL CO.

No. CIV A 99-673-JJF.

157 F.Supp.2d 346 (2001)

AES CORPORATION, Plaintiff, v. DOW CHEMICAL COMPANY, Defendant.

United States District Court, D. Delaware.

August 2, 2001.

Attorney(s) appearing for the Case

Michael D. Goldman and Stephen C. Norman, Esquires, of Potter Anderson & Corroon, LLP, Wilmington, Delaware. Of Counsel: James W.B. Benkard, Dennis E. Glazer and Frances E. Bivens, Esquires, of Davis Polk & Wardwell, New York, New York. Attorneys for Plaintiff.

David C. McBride and John W. Shaw, Esquires, of Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware. Of Counsel: Herbert L. Zarov and Daniel J. Delaney, Esquires, of Mayer, Brown & Platt, LLP, Chicago, Illinois. Attorneys for Defendant.

MEMORANDUM OPINION

FARNAN, District Judge.

Presently before the Court is Defendant Dow Chemical Company's Motion for Summary Judgment (D.I.109). For the reasons stated below, Defendant's Motion for Summary Judgment (D.I.109) will be granted.

BACKGROUND

I. Procedural Background.

Plaintiff AES Corporation ("AES") filed an Amended Complaint (D .I. 67) against Defendants Destec...

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