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DOW CHEMICAL CANADA INC. v. HRD CORP.

No. C.A. 05-023-RGA.

909 F.Supp.2d 350 (2012)

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.

December 19, 2012.

Attorney(s) appearing for the Case

Kenneth J. Nachbar, Esq. , Wilmington, DE, for Plaintiff Dow Chemical Canada Inc. and Counterclaim Defendants Dow Chemical Canada Inc. and The Dow Chemical Company.

John A. Sensing, Esq. , Wilmington, DE, for Defendant and Counterclaim Plaintiff HRD Corporation (d/b/a Marcus Oil & Chemical).

MEMORANDUM OPINION

ANDREWS, District Judge:

Plaintiff Dow Chemical Canada, Inc. brings this supplemental motion for summary judgment (D.I. 481) in order to prove up damages on its contract claim against Defendant HRD Corporation. A previous order of this Court (D.I. 444) granted Dow's motion for summary judgment and established HRD's breach of contract, but did not determine Dow's damages. This opinion...

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