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WESTLAND POLICE & FIRE v. AXCELIS TECH.

No. 594, 2009.

1 A.3d 281 (2010)

CITY OF WESTLAND POLICE & FIRE RETIREMENT SYSTEM, Plaintiff Below, Appellant, v. AXCELIS TECHNOLOGIES, INC., Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: August 11, 2010.

Corrected: August 13, 2010.

Attorney(s) appearing for the Case

Jay W. Eisenhofer, Michael J. Barry (argued) and Christian J. Keeney, Esquires, of Grant & Eisenhofer P.A., Wilmington, Delaware; for Appellant.

John L. Reed (argued), Paul D. Brown, K. Tyler O'Connell and Aleine M. Porterfield, Esquires, of Edwards Angell Palmer & Dodge LLP, Wilmington, Delaware, for Appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

JACOBS, Justice:

Westland Police & Fire Retirement System ("Westland"), the plaintiff below-appellant, brought this action under Section 220 of the Delaware General Corporation Law to review books and records of the defendant below-appellee, Axcelis Technologies, Inc. ("Axcelis" or "the Company").1 The Court of Chancery held that Westland had not met its evidentiary burden to demonstrate a "proper purpose" for inspecting Axcelis' records...

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