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

Civil Action No. 341.

55 F.Supp. 860 (1944)

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

District Court, D. Delaware.

June 26, 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, Berl & Potter), of Wilmington, Del., and Horace R. Lamb (of Le Boeuf & Lamb), of New York City, for defendant.

LEAHY, District Judge.

Because defendant was dissolved on September 30, 1940, and suit instituted here on September 23, 1943, but service of summons on the Secretary of State was not had until April 14, 1944, defendant contends that as more than three and a half years after defendant's dissolution had elapsed before the instant action was begun, it can not now be maintained under Sec. 42 of the Delaware Corporation Law, 43 Del.Laws 1941, c. 132, p. 457. In short,...

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