EPSTEIN v. CHATHAM PARK, INC.

No. 303, 1955.

153 A.2d 180 (1959)

Norman EPSTEIN and Minnette Pilot Epstein, Plaintiffs, v. CHATHAM PARK, INC., a Delaware corporation, George H. Dovenmuehle, George H. Dovenmuehle, Jr., Elizabeth D. Rothermel, Theodore H. Buenger, Edna D. Buenger, Richard E. Buenger, Lester Crown, Robert Crown, John Crown, Gladys Crown, Leon Mandel, Howard M. Goodspeed, C. Wallace Johnson, Inc., an Illinois corporation, Leonard Gordon, Julius J. Schwartz, Victor Nemeroff, Arnold H. Maremont, David E. Bright, Benjamin E. Mittelman, Samuel E. Mittelman, Franklin-Adams Company, an Illinois corporation, and Cottage 83 Company, a Delaware corporation, Defendants.

Superior Court of Delaware, New Castle.

June 24, 1959.


Attorney(s) appearing for the Case

Norman Epstein and Minnette Pilot Epstein, pro se.

William S. Megonigal, Jr., of Morris, Nichols, Arsht & Tunnel, Wilmington, Frank C. Bernard, Chicago, Ill., of counsel, for defendants.


WOLCOTT, Justice.1

This action was commenced on April 4, 1955 by foreign attachment. The attachments resulted in the seizure of substantial property of the appearing defendants, still held in custodia legis. On December 3, 1956 the defendants moved for summary judgment on the basis of an Illinois decree alleged to be a bar to the maintenance of the action.

Subsequently the action...

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