HONEYWELL INTERN. v. AIR PRODUCTS

No. 400, 2004.

872 A.2d 944 (2005)

HONEYWELL INTERNATIONAL INC. and GEM MICROELECTRONIC MATERIALS, L.L.C., Plaintiffs Below, Appellants, v. AIR PRODUCTS & CHEMICALS, INC., Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: March 29, 2005.


Attorney(s) appearing for the Case

Martin P. Tully, John E. Abramczyk and Jason A. Cincilla, Esquires, of Morris, Nichols, Arsht & Tunnell, Wilmington, Delaware; Of Counsel: Jonathan F. Putnam (argued), Lee Ann Stevenson, Zachary S. Brez and Joshua B. Simon, Esquires, of Kirkland & Ellis LLP, New York, New York; for Appellants.

James W. Semple, Lewis H. Lazarus (argued), Michael A. Weidinger, Matthew F. Lintner and Amy A. Quinlan, Esquires, of Morris, James, Hitchens & Williams LLP, Wilmington, Delaware; Of Counsel: Thomas F. Cullen, Jr., Esquire, of Jones Day, Washington, D.C.; Barry R. Satine, Richard H. Sayler and Jennifer Seraphine, Esquires, of Jones Day, New York, New York; for Appellee.

Before HOLLAND, JACOBS and RIDGELY, Justices.


JACOBS, Justice:

Honeywell International Inc. and GEM Microelectronic Materials, L.L.C. (collectively "Honeywell"), the plaintiffs-below, appeal from a judgment of the Court of Chancery awarding lost profits damages to Honeywell in this breach of contract action against the defendant-below, Air Products & Chemicals, Inc ("Air Products"). The Court of Chancery concluded that Air Products had breached the parties' Strategic...

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