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1
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COMPLAINT
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EXTRACTED KEY WORDS
AGREEMENT HORIZON LEAF PARTIES TERMINATION AGREEMENT DELAWARE PAYMENT PLAINTIFF COURT CONTRACT OBLIGATIONS CHANCERY RULES HEREINAFTER DELAWARE DECLARATORY DECLARATORY JUDGMENT HERETO PROVISIONS PARAGRAPH DEFENDANT HERSHEY FOODS CORPORATION SUCCESSOR-IN-INTEREST SENSATION CONNECTION BREACH REFUSE COMPLAINT CONTROVERSY REQUIRING DEFENDANT HORIZON-WEST YORK |
76 B
g
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
HERSHEY FOODS CORPORATION, )
>
Plaintiff, >
>
V . >
>
HORIZON-WEST MARKETING CORP., )
Defendant.
COMPLAINT
Hershey Foods Corporation, a Delaware corporation (hereinafter "Hershey" or "Plaintiff
brings this action under the Delaware Declaratory Judgment Act, 10 Del. C. $4 6501-6513 for
the purpose of determining questions and an actual controversy between the parties hereto and
under Rule 65 of the Court of Chancery Rules, for a preliminary and permanent injunction
requiring defendant Horizon-West Marketing Corp., a Delaware corporation (hereinafter
"Horizon" or "Defendant"), to co"mply with contractual provisions and proceed in good faith to
satisfy its obligations under a certain contract between the parties.
I.
THE PARTIES
1. Plaintiff Hershey is a Delaware corporation with its principal place of
Hershey, Pennsylvania. Hershey and each direct and indirect subsidiary of Hershey are described
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