IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
MARTIN MARIETTA MATERIALS, INC.,Plaintiff,v.VULCAN MATERIALS COMPANY,Defendant.C.A. No. 7102-CS
ANSWER AND COUNTERCLAIMS OF VULCAN MATERIALS COMPANY
Defendant Vulcan Materials Company (“Vulcan”), by its undersigned attorneys,answers as follows the allegations of the Verified Complaint for Declaratory Judgmentand Injunctive Relief (the “Complaint”) filed by the plaintiff, Martin Marietta Materials,Inc. (“Martin Marietta”), and asserts its own counterclaims against Martin Marietta.Except for those allegations expressly admitted herein, Defendants deny each and everyallegation in the Complaint.
This action arises out of Martin Marietta’s unlawful scheme to pursue a hostiletakeover of Vulcan through the wrongful use of Vulcan’s confidential information.Martin Marietta made and has breached an unambiguous contractual commitment to
Except as otherwise defined herein, the defined terms in the Complaint areincorporated herein by reference. Defendants deny that the headings and the prayers for judgment contained in the Complaint constitute allegations of fact, and deny them to theextent that they are considered as such.