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INNOPHOS, INC. v. RHODIA, SA

10 N.Y.3d 25 (2008)

882 N.E.2d 389

852 N.Y.S.2d 820

INNOPHOS, INC., Formerly Known as PHOSPHATES ACQUISITION, INC., Respondent, v. RHODIA, S.A., et al., Appellants.

Court of Appeals of the State of New York.

Decided February 12, 2008.

Attorney(s) appearing for the Case

Shearman & Sterling LLP, New York City (Richard F. Schwed of counsel), for appellants.

Kirkland & Ellis LLP, Washington, D.C. (Christopher Landau, Jeffrey S. Powell, Andrew B. Kay and Angela M. Butcher of counsel), and Kirkland & Ellis LLP, New York City (Peter A. Bellacosa of counsel), for respondent.

Chief Judge KAYE and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

Defendants are a group of related companies that were in the business of producing and selling phosphate products from various locations in Canada, Mexico and the U.S. In early 2004, an agency of the Government of Mexico, the Comision Nacional del Agua (National Water Commission [CNA]), began an audit of the water usage of defendants' operation in Mexico—Rhodia Fosfatados...

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