LegalCaseDocs.com
shopping cart  
  |     
Search
 

 
New Visitors


 VeriSign Secure Site

 Get Adobe Reader

SUMITOMO METAL INDUSTRIES v SANDVIK EXTRUDED TUBE Click to find out why . . .



Keywords & Phrases
CaseNo: C.A. No. 17,452, CourtCode: CC, CourtName: IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE, Plaintiff: SUMITOMO METAL INDUSTRIES, State: DE Delaware, UniqueCaseRef: DE>CC>00017452, Petition, Pexco, Extruded Tube, Defendant Sandvik, Smi, United States, Stainless Steel, Temporary Restraining Order, Delaware, United States Department, Commerce, Pipe, Support, Antidumping Duties, Koda Affidavit, Managing Committee, Extruded Tube Company, Pennsylvania Extruded Tube, Trade Commission, Supporting, Causing Defendant, Seamless Pipe, Petitioners, Agreement, Irreparability, Sumitomo Metal Industries, Imposition, Complaint , ContentID: 120241007

Case Documents
1 1999-10-01 MOTION FOR A TEMPORARY RESTRAINING ORDER
[ see first page and extracted highlights below  ] ItemID: 102710
16 pages
PDF
Total Documents: 1 document , 16 pages
Price: $ 19.95


IVESLCD01 KGI0001
 
 

 Forgot your password?


1 . MOTION FOR A TEMPORARY RESTRAINING ORDER

EXTRACTED KEY WORDS
PEXCO
EXTRUDED TUBE
DEFENDANT SANDVIK
SMI
UNITED STATES
STAINLESS STEEL
COURT
TEMPORARY RESTRAINING ORDER
DELAWARE
UNITED STATES DEPARTMENT
COMMERCE
PIPE
SUPPORT
ANTIDUMPING DUTIES
KODA AFFIDAVIT
MANAGING COMMITTEE
EXTRUDED TUBE COMPANY
PENNSYLVANIA EXTRUDED TUBE
TRADE COMMISSION
SUPPORTING
PLAINTIFFS
CAUSING DEFENDANT
SEAMLESS PIPE
PETITIONERS
AGREEMENT
IRREPARABILITY
SUMITOMO METAL INDUSTRIES
IMPOSITION
COMPLAINT
                        IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

                                       IN AND FOR NEW CASTLE COUNTY

    SUMITOMO METAL INDUSTRIES, LTD.,)
    a corporation organized and existing under )
    the laws of Japan, and                                >
    SMI EXTRUDED TUBE INC., a corporation)
    organized and existing under the laws of              )
    Delaware,                                             1>
                                     Plaintiffs,          >
                                                          >
                 V                                        >

    SANDVIK EXTRUDED TUBE, INC.,                          )
    a corporation organized and existing under )
    the laws of Delaware, and                             >
    PENNSYLVANIA EXTRUDED  TlJBE                          )
    COMPANY, a joint venture formed as a                  )
    general partnership under the laws of                 >
    Delaware,                                             >>
                                     Defendants.          >



                              MOTION FOR A TEMPORARY RESTRATNING ORDER



                              Plaintit% Sumitomo Metal Industries, Ltd. ("SMI"),  and SMI Extruded

    Tube Inc. ("SMI Tube"), by and through their attorneys, hereby move this Honorable

    Court, pursuant to Court of Chancery Rule 65, for a temporary restraining order to (1)

    enjoin Defendant Sandvik Extruded Tube, Inc. ("Sandvik") from causing Defendant

        Pennsylvania Extruded Tube Company ("PEXCO") to join, file, or support a petition

    ("Petition") at the United States Department of Commerce ("Commerce") and the United

        States lnternational Trade Commission ("ITC") for the imposition of antidumping duties



        WP3  : 413599 1                                                                      


? ih'
SNIPPETS:
  • IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
  • Tube Inc. ("SMI Tube"), by and through their attorneys, hereby move this Honorable
  • Court, pursuant to Court of Chancery Rule 65, for a temporary restraining order to
  • enjoin Defendant Sandvik Extruded Tube, Inc. from causing Defendant
  • Pennsylvania Extruded Tube Company to join, file, or support a petition
  • at the United States Department of Commerce and the United
  • States lnternational Trade Commission for the imposition of antidumping duties
  • against imports of stainless steel seamless pipe and tube from Japan;
  • Defendant PEXCO from joining, filing, or supporting the Petition.
  • The grounds for this motion are set forth in the Complaint and below:
  • upon the irreparability of the injury,
  • Plaintiff Sumitomo Metal Industries,
  • executed a Joint Venture Agreement with Defendant Sandvik Extruded
  • The joint venture formed by the JV Agreement is Defendant Pennsylvania Extruded Tube
  • conduct its affairs in accordance with the Managing Committee By-laws,
  • copy of which is attached as Exhibit B to the Koda Affidavit.
  • antidumping duties on future imports of stainless steel pipe products from Japan.
  • Plaintiffs are overwhelmingly likely to succeed on the merits of their
  • of PEXCO in (or support by PEXCO of) the Petition, and since it is clear that Sandvik
  • producing the "domestic like product, " i.e., whether the petitioner (or petitioners) have
  • imposition of antidumping duties against imports of stainless steel seamless pipe and tube
  •    |