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BANKS v. CRISTINA COPPER MINES

99 A.2d 504 (1953)

BANKS v. CRISTINA COPPER MINES, Inc.

Court of Chancery of Delaware, New Castle County.

September 9, 1953.

Attorney(s) appearing for the Case

James L. Latchum and William S. Potter, of the firm of Berl, Potter & Anderson, of Wilmington, and Edgar Allen Poe, Sr., and Edgar Allen Poe, Jr., of the firm of Bartlett, Poe & Claggett, of Baltimore, for plaintiff.

George T. Coulson and Edwin D. Steel, Jr., of the firm of Morris, Steel, Nichols & Arsht, of Wilmington, for defendant.

BRAMHALL, Vice-Chancellor.

Defendant's motion is based upon its contention that defendant is not insolvent within the meaning of Title "8", Code of 1953, § 291. Plaintiffs' cross-motion is based upon the contention that defendant is unable to pay its debts as they mature in the usual course of business, is therefore insolvent within the meaning of the statute and that this court should exercise its discretion and appoint...

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