SMART SAND, INC. v. US WELL SERVICES LLC

C.A. No. N19C-01-144 PRW CCLD.

SMART SAND, INC., Plaintiff, v. US WELL SERVICES LLC, Defendant.

Superior Court of Delaware.

Decided: June 1, 2021.

Issued: June 11, 2021.


Attorney(s) appearing for the Case

Neal J. Levitsky, Esquire , Seth A. Niederman, Esquire , FOX ROTHSCHILD LLP, Wilmington, Delaware; Steven J. Daroci, Esquire , Fox ROTHSCHILD LLP, Lawrenceville, New Jersey, Attorneys for Plaintiff Smart Sand, Inc.

Richard P. Rollo, Esquire , Travis S. Hunter, Esquire , Alexandra M. Ewing, Esquire , RICHARDS LAYTON & FINGER, P.A., Wilmington, Delaware; Stephen H. Lee, Esquire , Mary Anna H. Rutledge, Esquire , PORTER LEDGES LLP, Houston, Texas, Attorneys for Defendant US Well Services LLC.


DECISION AFTER TRIAL

In 2019, Plaintiff Smart Sand, Inc., filed its Complaint alleging non-payment under the parties' Master Product Purchase Agreement (together with its amendment executed on May 1, 2016, the "PPA"), and Railcar Usage Agreement (collectively the "Agreements").

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