Azurix Corporation v. Synagro Technologies, Inc.
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IN THE SUPREME COURT OF THE STATE OF DELAWARE AZURIX CORP., Plaintiff BelowAppellant, v. SYNAGRO TECHNOLOGIES, INC., Defendant BelowAppellee. § § § § § § § § § § § § No. 87, 2000 Court Below Court of Chancery of the State of Delaware, in and for New Castle County C.A. No. 17509 Submitted: February 29, 2000 Decided: March 6, 2000 Before VEASEY, Chief Justice, WALSH, and HOLLAND, Justices. ORDER This 6th day of March 2000, it appears to the Court that: (1) The plaintiff-appellant, Azurix Corp., has petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from an interlocutory order of the Court of Chancery dated February 3, 2000. The Court of Chancery s ruling stayed Azurix s lawsuit in Delaware in favor of a lawsuit filed contemporaneously by Synagro Technologies, Inc. in Texas. (2) On February 25, 2000, the Court of Chancery refused to certify an interlocutory appeal to this Court. (3) Applications for interlocutory review are addressed to the sound discretion of this Court and are granted only in extraordinary cases. (4) In the exercise of its discretion, this Court has concluded that the application for interlocutory review does not meet the requirements of Supreme Court Rule 42(b) and should be refused. NOW, THEREFORE, IT IS HEREBY ORDERED that the within interlocutory appeal is REFUSED. BY THE COURT: s/Joseph T. Walsh Justice -2-
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