CINCINNATI SMSA LTD. v. CINCINNATI BELL

No. 429, 1997.

708 A.2d 989 (1998)

CINCINNATI SMSA LIMITED PARTNERSHIP, a Delaware Limited Partnership, Plaintiff Below, Appellant, v. CINCINNATI BELL CELLULAR SYSTEMS COMPANY, an Ohio corporation, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: April 30, 1998.


Attorney(s) appearing for the Case

Richard L. Sutton (argued), Thomas C. Grimm and Donna Lynn Culver, of Morris, Nichols, Arsht & Tunnell, Wilmington, for Appellant.

Charles S. Crompton, Jr. and Robert K. Payson, of Potter Anderson & Corroon, Wilmington, Mark D. Wegener (argued), Edward Han and Kirstin A. Mueller, of Howrey & Simon, Washington, DC, for Appellee.

Before VEASEY, C.J., WALSH and HOLLAND, JJ.


VEASEY, Chief Justice:

We review the decision by the Court of Chancery to dismiss plaintiff's claim under Court of Chancery Rule 12(b)(6). At issue on appeal is whether the implied covenant of good faith and fair dealing provides a basis for implying terms in a limited partnership agreement. We affirm the decision of the Court of Chancery that, given the unambiguous terms set forth in the agreement, no additional obligations...

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