Summit Steel, Inc. v. EDIS Company et al.
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IN THE SUPREME COURT OF THE STATE OF DELAWARE § § Third Party Defendant Below- § § Appellant, § § v. § EDIS COMPANY, EDIS BUILDING § § SYSTEMS, INC., ERNEST § DISABATINO AND SONS, INC., § CONSTRUCTION SAFETY § CONSULTANTS, INC., ATLAS § LAB ASSOCIATES, ATLAS § POINT, LLC, and CRYSTAL § HOLDINGS, INC., § § Defendants/Third Party § Plaintiffs Below§ Appellees. SUMMIT STEEL, INC., No. 715, 2002 Court Below Superior Court of the State of Delaware, in and for New Castle County C.A. No. 01C-09-183 Submitted: January 24, 2003 Decided: February 27, 2003 Before VEASEY, Chief Justice, WALSH, and STEELE, Justices. ORDER This 27th day of February 2003, it appears to the Court that: (1) The third-party defendant below, Summit Steel, Inc., has petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from an interlocutory ruling of the Superior Court entered November 25, 2002. The Superior Court=s ruling denied Summit s second motion for summary judgment. (2) On January 15, 2003, the Superior Court denied Summit=s application 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/ E. Norman Veasey Chief Justice -2-
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