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GB BIOSCIENCES CORP. v. ISHIHARA SANGYO KAISHA, LTD.

No. 02-1584.

270 F.Supp.2d 476 (2003)

GB BIOSCIENCES CORPORATION, GB Biosciences Holdings Inc., and Zeneca Ag Products Holdings Inc., Plaintiffs, v. ISHIHARA SANGYO KAISHA, LTD., Defendant.

United States District Court, D. Delaware.

July 3, 2003.

Attorney(s) appearing for the Case

Josy W. Ingersoll, Melanie K. Sharp, and John W. Shaw, Esquires of Young, Conaway, Stargatt & Taylor, LLP, Wilmington, for Plaintiffs.

Thomas G. Macauley, Esquire of Zuckerman Spaeder LLP, Wilmington, Of Counsel: Brian J. Lamb and J. Philip Calabrese, Esquires of Thompson Hine LLP, Cleveland, OH, for Defendant.

OPINION

FARNAN, District Judge.

Pending before the Court is Plaintiffs' Motion for Summary Judgment (D.I.12). For the reasons discussed below, Plaintiffs' Motion (D.I.12) will be granted.

BACKGROUND

On December 17, 1997, Plaintiff Zeneca Ag Products Holdings, Inc.1 ("Zeneca") and Defendant Ishihara Sangyo Kaisha, Ltd. ("ISK") executed a Stock Purchase Agreement ("SPA"). Under the terms of the SPA, Zeneca purchased...

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