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Air Products v. Airgas Motion Hearing Closed to Public

By Francis G.X. Pileggi

In Air Products and Chemicals, Inc. v. Airgas, Inc., C.A. No. 5249-CC and In re Airgas Inc. S'holder Litig., Civil Action No. 5256-CC (Del. Ch. July 7, 2010), read short letter ruling here, the Delaware Court of Chancery granted an unopposed motion to bar the public from a hearing scheduled for today on a  motion to compel and a motion to enforce a confidentiality order. The reasoning of the Court was based on the three following points:

1) the sensitive nature of the document at the heart of plaintiff Air Products' motion to enforce the Confidentiality Order and defendant Airgas' motion to compel; 2) the substantial risk of injury to Air Products from public disclosure of the document in question; and 3) the fact that neither plaintiff shareholders nor defendant Airgas opposes plaintiff Air Products' motion to close....
 

This case concerns a contested, proposed merger transaction. The background story and prior rulings from the Court of Chancery were highlighted on this blog previously and are available here.

Full post as published by Delaware Corporate and Commercial Litigation Blog on July 08, 2010 (boomark / email).