DOW CHEMICAL CANADA INC. v. HRD CORP.

Civil Action No. 05-023-JJF.

656 F.Supp.2d 427 (2009)

DOW CHEMICAL CANADA INC., on its behalf and as assignee of the Dow Chemical Company, Plaintiff, v. HRD CORPORATION (d/b/a Marcus Oil & Chemical), Defendant/Counterclaim Plaintiff, v. Dow Chemical Canada Inc., on its behalf and as assignee of the Dow Chemical Company, and the Dow Chemical Company, Counterclaim Defendants.

United States District Court, D. Delaware.

As Corrected October 15, 2009.


Attorney(s) appearing for the Case

Andrew Weissmann, Esquire; Katya Jestin, Esquire and Brian J. Fischer, Esquire of Jenner & Block LLP, New York, NY, Aaron A. Barlow, Esquire of Jenner & Block LLP, Chicago, IL, Kenneth J. Nachbar, Esquire and Christine Dealy Haynes, Esquire of Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE, for Plaintiff and Counterclaim Defendants.

William C. Ferebee, Esquire and Michael Landrum, Esquire of O'Donnell Ferebee Medley & Keiser, PC, Houston, TX, W. Harding Drane, Jr., Esquire and Suzanne M. Hill, Esquire of Potter Anderson & Corroon LLP, Wilmington, DE, for Defendant/Counterclaim Plaintiff.


OPINION

FARNAN, District Judge.

Pending before the Court are HRD's Motion For Partial Summary Judgment (D.I. 234) and Dow's Motion For Summary Judgment On Its Claims And Against Defendant-Counterclaimant HRD's Claims (D.I. 238). For the reasons discussed, HRD's Motion will be denied, and Dow's Motion will be granted in part and denied in part. Specifically, the Court will grant summary judgment in Dow...

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