INTERNATIONAL PULP EQUIP. CO. v. ST. REGIS KRAFT CO.

No. 341.

54 F.Supp. 745 (1944)

INTERNATIONAL PULP EQUIPMENT CO., Limited, v. ST. REGIS KRAFT CO.

District Court, D. Delaware.

April 10, 1944.


Attorney(s) appearing for the Case

W. Reese Hitchens (of Hering, Morris, James & Hitchens), of Wilmington, Del., and Frank J. Dillon (of Dillon, O'Brien & Clark), of New York City, for plaintiff.

C. A. Southerland (of Southerland, Barl & Potter), of Wilmington, Del., and Horace H. Lamb (of Le Boeuf & Lamb), of New York City, for defendant.


LEAHY, District Judge.

Defendant, a Delaware corporation, was dissolved on September 30, 1940. Plaintiff1 brought suit September 23, 1943. Summons was served on the Corporation Trust Company, as defendant's resident agent. Defendant moved under Rule 12 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to quash and set aside the service of the summons. While the particular provision of Rule 12 which defendant desires...

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