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DURA PHARMACEUTICALS v. SCANDIPHARM INC.

Civil Action No. 16149.

713 A.2d 925 (1998)

DURA PHARMACEUTICALS, INC., a Delaware Corporation, Plaintiff, v. SCANDIPHARM, INC., a Delaware Corporation, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: February 20, 1998.

Attorney(s) appearing for the Case

Kevin G. Abrams and Catherine G. Dear-love, of Richards, Layton & Finger, Wilmington; William F. Sullivan, Christopher H. McGrath and Kimberly S. Steckling, of Brobeck, Phleger & Harrison, L.L.P., San Diego, California, of counsel, for Plaintiff.

Thomas R. Hunt, Jr., Alan J. Stone, David J. Teklits and Eric Lopez Schnabel, of Morris, Nichols, Arsht & Tunnell, Wilmington, for Defendant.

OPINION

LAMB, Vice Chancellor.

I. INTRODUCTION

Before the Court is the defendant's motion to dismiss or stay this action in favor of an action filed by it in the Circuit Court of Shelby County, Alabama (the "Alabama Action"). Defendant argues that the Alabama Action is the first filed action, involves the same parties and issues and is pending in a court capable of doing prompt and complete justice between...

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