Wilmington Steel Co. v. Concord Steel, Inc.
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IN THE SUPREME COURT OF THE STATE OF DELAWARE WILMINGTON STEEL PROCESSING CO., INC., a Delaware corporation, KENNETH NEARY, and WILLIAM WOISLAW, Defendants BelowAppellant, v. CONCORD STEEL, INC., a Delaware corporation as a successor in interest to CRC WILMINGTON ACQUISITION, LLC, a Delaware limited liability company, Plaintiff BelowAppellee. § § § § § § § § § § § § § § § § § § No. 198, 2008 Court Below Court of Chancery of the State of Delaware, in and for New Castle County C.A. No. 3369 Submitted: April 23, 2008 Decided: May 7, 2008 Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices. ORDER This 7th day of May 2008, it appears to the Court that: (1) The defendants-appellants, Wilmington Steel Processing Co., Inc., Kenneth Neary, and William Woislaw (collectively WSP ), have petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from an interlocutory order of the Court of Chancery, dated April 3, 2008, granting plaintiff s application for a preliminary injunction. (2) WSP filed its application for certification to take an interlocutory appeal in the trial court on April 9, 2008. The Court of Chancery denied the certification application on April 17, 2008. (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 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 be REFUSED. BY THE COURT: /s/ Myron T. Steele Chief Justice -2-
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