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TEREX CORP. v. SOUTHERN TRACK & PUMP, INC.

No. 704, 2014.

117 A.3d 537 (2015)

TEREX CORPORATION, d/b/a Terex Construction Americas, Defendant-Appellant, v. SOUTHERN TRACK & PUMP, INC., Plaintiff-Appellee.

Supreme Court of Delaware.

Decided: June 15, 2015.

Revised: June 16, 2015.

Attorney(s) appearing for the Case

John C. Phillips, Jr., Esquire (argued), David A. Bilson, Esquire , Phillips, Goldman & Spence, P.A., Wilmington, Delaware; Virginia W. Hoptman, Esquire , Redmon Peyton & Braswell LLP, Alexandria, Virginia, for Defendant-Appellant.

Peter J. Walsh, Jr., Esquire (argued), Ryan M. Murphy, Esquire , Potter Anderson & Corroon LLP, Wilmington, Delaware; Suzanne Hill Holly, Esquire , Berger Harris, LLC, Wilmington, Delaware, for Plaintiff-Appellee.

Before STRINE, Chief Justice; HOLLAND and VALIHURA, Justices; NOBLE, Vice Chancellor, and GRAVES, Judge, constituting the Court en Banc.

A dispute pending before the United States Court of Appeals for the Third Circuit (the "Third Circuit") turns on the interpretation of Delaware's Equipment Dealer Contracts Statute, 6 Del. C. § 2720, et seq. (the "Dealer Statute"). To assist the Third Circuit in resolving this dispute, the Third Circuit certified...

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