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S.C. JOHNSON & SON, INC. v. DOWBRANDS, INC.

No. CIV.A.00-444-JJF.

294 F.Supp.2d 568 (2003)

S.C. JOHNSON & SON, INC., Plaintiff, v. DOWBRANDS, INC., DowBrands, L.P., and The Dow Chemical Company, Defendants.

United States District Court, D. Delaware.

February 14, 2003.

Attorney(s) appearing for the Case

Allen M. Terrell, Jr., and Thad Bracegirdle, Esquires, of Richards, Layton & Finger, Wilmington, DE, Of Counsel: Maurice J. McSweeney, Andrew J. Wronski and Jessica E. Price, Esquires of Foley & Lardner, Milwaukee, WI, and James D. Dasso, Esquire, of Foley & Lardner, Chicago, IL, for Plaintiff.

Kenneth J. Nachbar, Esquire, of Morris, Nichols, Arsht & Tunnell, Wilmington, DE, Of Counsel: Herbert L. Zarov, Daniel J. Delaney, Brian J. Massengill, and David A. Jensen, Esquires of Mayer, Brown & Platt, Chicago, IL, for Defendant.

MEMORANDUM OPINION

FARNAN, District Judge.

INTRODUCTION

This is an action for breach of contract and fraudulent misrepresentation initiated by S.C. Johnson & Son, Inc. ("SCJ") against DowBrands, Inc. and DowBrands, L.P. (referred to collectively as "DowBrands"), arising out of an Asset Purchase Agreement dated October 27, 1997 (the "Agreement") by and between SCJ and DowBrands. Under the Agreement, SCJ purchased certain assets and assumed...

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