DVC Holdings, Inc. v. Conagra Inc. et al.
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IN THE SUPREME COURT OF THE STATE OF DELAWARE DCV HOLDINGS, INC., Plaintiff BelowAppellant, v. CONAGRA, INC., E.I. DUPONT de NEMOURS and CO., and DUPONT CHEMICAL & ENERGY OPERATIONS, INC., Defendants BelowAppellees. § § § § § § § § § § § § § No. 239, 2002 Court Below Superior Court of the State of Delaware, in and for New Castle County C.A. No. 98C-06-301 Submitted: May 3, 2002 Decided: May 13, 2002 Before WALSH, HOLLAND, and BERGER, Justices. ORDER This 13th day of May 2002, it appears to the Court that: (1) The plaintiff-below, DCV Holdings, Inc. (DCV), has petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from an interlocutory order of the Superior Court dated April 1, 2002. The Superior Court s decision granted the defendants-appellees motions for summary judgment and denied DCV s motion for summary judgment on the issues of fraud and indemnification. (2) DCV filed a motion for entry of judgment under Superior Court Civil Rule 54(b) or, alternatively, requested certification to take an interlocutory appeal. The Superior Court denied both requests. (3) Applications for interlocutory review are addressed to the sound discretion of this Court. In the exercise of its discretion, this Court has concluded that the application for interlocutory review should be denied. NOW, THEREFORE, IT IS HEREBY ORDERED that the within interlocutory appeal be REFUSED. BY THE COURT: /s/ Randy J. Holland Justice -2-
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