The Delaware Supreme Court has dismissed Cooper Tire & Rubber Co.’s interlocutory appeal of the Court of Chancery’s November decision that Apollo Tyres Ltd. did not breach a $2.5 billion merger agreement when it attempted to resolve differences between Cooper and the union that represents workers at two of its plants. One Delaware legal analyst said that the court may have dismissed the appeal because Cooper appealed a partial Chancery Court ruling and the high court may have preferred waiting until it could weigh all of the litigation’s facts.
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