Ex Parte the Boc Group, Inc.

The BOC Group, Inc. ("BOC"), a defendant in an action pending in the Jefferson Circuit Court, moved the circuit court to dismiss or to stay that action, styled National Metals, Inc., v. BOC, Inc.; The BOC Group, Inc.; BOC Gases ("theNational Metals action"), asserting that another case in the Jefferson Circuit Court, styled MKS Holdings, Inc., d/b/a M. Kimerling Sonsv. BOC Group PLC, d/b/a The BOC Group, Inc., ("the MKS action"), was substantially similar to the National Metals action. The trial court denied BOC's motion and its two subsequent motions to reconsider. BOC therefore petitions…