AUERBACH v. CITIES SERVICE COMPANY


136 A.2d 219 (1957)

Elias AUERBACH, Appellant, Plaintiff below, and C. Perry King, Appellant, Plaintiff-Intervenor below, v. CITIES SERVICE COMPANY, and Arkansas Fuel Oil Corporation, Appellees, Defendants below.

Supreme Court of Delaware.

November 19, 1957.


Attorney(s) appearing for the Case

Russell J. Willard, Jr. (of Hastings, Lynch & Taylor), and Richard F. Corroon (of Berl, Potter & Anderson), Wilmington, and Percival E. Jackson and Theodore N. Tarlau, New York City, for appellants.

Caleb S. Layton and Henry M. Canby (of Richards, Layton & Finger), Wilmington, and Joseph L. Weiner, Eugene R. Sullivan, and Everett W. Young, New York City, for appellant Cities Service Co.

Howard L. Wiliams (of Morris, James, Hitchens & Williams), Wilmington, and H. C. Walker, Jr. (of Blanchard, Goldstein, Walker & O'Quinn), Shreveport, La., for appellee Arkansas Fuel Oil Corp.


SOUTHERLAND, Chief Justice.

In its opinion filed October 11, 1957, 134 A.2d 846, in the above case, this Court held that certain claims in suit here, arising under the 1945 contract between Arkansas and Cities, were included within Cities' offer to settle intercompany claims and were discharged in consequence of the reorganization proceedings before the Securities and Exchange Commission. We reserved for further consideration the...

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