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MARTIN MARIETTA MATERIALS v. VULCAN MATERIALS COM.

No. 254, 2012.

68 A.3d 1208 (2012)

MARTIN MARIETTA MATERIALS, INC., Plaintiff and Counterclaim-Defendant Below, Appellant, v. VULCAN MATERIALS COMPANY, Defendant and Counterclaim-Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 10, 2012.

Corrected: July 12, 2012.

Attorney(s) appearing for the Case

Robert S. Saunders, Esquire , of Skadden, Arps, Slate, Meagher and Flom LLP, Wilmington, Delaware; Of Counsel: Robert E. Zimet (argued), James A. Keyte and Susan L. Saltzstein, Esquires , of Skadden, Arps, Slate, Meagher & Flom LLP, New York, New York; Eric J. Gorman, Esquire , of Skadden, Arps, Slate, Meagher & Flom LLP, Chicago, Illinois, for Appellant.

Collins J. Seitz, Jr. , David E. Ross and Garrett B. Moritz, Esquires , of Seitz Ross Aronstam & Moritz LLP, Wilmington, Delaware; Of Counsel: Kenneth B. Forrest , Theodore N. Mirvis (argued), George T. Conway III and William Savitt, Esquires , of Wachtell, Lipton, Rosen & Katz, New York, New York, for Appellee.

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

JACOBS, Justice:

On May 14, 2012, the Court of Chancery entered a final judgment and order after a trial in this action initially brought by Martin Marietta Materials, Inc. ("Martin") against Vulcan Materials Company ("Vulcan"). Granting judgment against Martin on Vulcan's counterclaims, the Court of Chancery enjoined Martin, for a four month period, from continuing to prosecute its pending Exchange Offer and Proxy Contest to acquire control of Vulcan. That injunctive...

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