Spencer, et al. v. Aggregate Industries, Inc., et al. v. Air Liquide Industrial U.S. LP

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IN THE SUPREME COURT OF THE STATE OF DELAWARE WILLIAM SPENCER and KATHLEEN SPENCER, his wife, § § § Plaintiffs Below, § Appellants, § § v. § § AGGREGATE INDUSTRIES, INC., § a Delaware Corp., and AGGREGATE § INDUSTRIES MANAGEMENT, § INC., a Delaware Corp., § § Defendants Below, § Appellees, § Cross-Appellants, § § v. § § AIR LIQUIDE INDUSTRIAL U.S. LP, § § Third Party Defendant § Below, § Appellee. § No. 557, 2007 Court Below: Superior Court of the State of Delaware in and for New Castle County C.A. No. 05C-09-166 Submitted: August 20, 2008 Decided: August 26, 2008 Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices. ORDER This 26th day of August 2008, upon consideration of the briefs of the parties, and their contentions in oral argument, it appears to the Court that the judgment of the Superior Court should be affirmed on the basis of and for the reasons set forth in its decision dated September 19, 2007. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Jack B. Jacobs Justice

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