ACORN USA HOLDINGS LLC v. PREMARK INTNL, INC., 846 A.2d 237 (Del. 2004)

ACORN USA HOLDINGS LLC, a Limited Liability Company, Plaintiff Below, Appellant, v. PREMARK INTERNATIONAL, INC., a Delaware corporation, ILLINOIS TOOL WORKS, INC., a Delaware corporation, and FLORIDA TILE INDUSTRIES, INC., a Florida corporation, Defendants Below, Appellees.

No. 392, 2003.Supreme Court of Delaware.Submitted: January 6, 2004.
Decided: March 2, 2004.

Superior Court of the State of Delaware in and for New Castle County, C.A. No. 00C-10-226.

Before VEASEY, Chief Justice, HOLLAND, BERGER, STEELE andJACOBS, Justices, constituting the Court en Banc.

ORDER
E. Norman Veasey, Chief Justice.

This 2nd day of March 2004, this Court having carefully considered the separate decisions of the Superior Court dated July 16, 2003 and the contentions of the parties on this appeal with respect thereto as set forth in their briefs and at oral argument held on January 6, 2004, it appears that the Superior Court correctly granted the motions for summary judgment of Defendants Premark International, Inc., Florida Tile Industries, Inc., and Illinois Tool Works, Inc.

NOW, THEREFORE, IT IS ORDERED that the judgments of the Superior Court dated July 16, 2003, are AFFIRMED on the basis of and for the reasons set forth in the separate, contemporaneous and well-reasoned opinions of the Superior Court of the same date.