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OIL & GAS VENTURES, INC., v. CHEYENNE OIL CORP.

202 A.2d 282 (1964)

OIL & GAS VENTURES, INC., a Delaware corporation, as sole General Partner in behalf of Oil & Gas Ventures-First 1958 Fund, Ltd., a New Jersey limited partnership, Oil & Gas Ventures, Inc., a Delaware corporation, as sole General Partner in behalf of Oil & Gas Ventures-Second 1958 Fund, Ltd., a New Jersey limited partnership, and Oil & Gas Ventures, Inc., a Delaware corporation as sole General Partner in behalf of Oil & Gas Ventures-First 1959 Fund, Ltd., a New Jersey limited partnership, Plaintiffs, v. CHEYENNE OIL CORPORATION, Forward Enterprises, Inc., Westland Oil Development Corporation, Louis Kung, Arthur B. Rothwell, C. F. Chien, and T. P. Wang, Defendants.

Court of Chancery of Delaware, New Castle.

April 16, 1964.

Attorney(s) appearing for the Case

Louis J. Finger of Richards, Layton & Finger, Wilmington and Arthur B. Kramer, of Feldman, Kramer, Bam, Nessen & Cowett, New York City, for plaintiffs.

Daniel L. Herrmann, of Herrmann, Bayard, Brill & Russell, Wilmington, for defendants Cheyenne Oil Corporation, Forward Enterprises, Inc., Westland Oil Development Corporation and Arthur B. Rothwell.

MARVEL, Vice Chancellor.

In its capacity as sole general partner of each of the three plaintiff limited partnerships, namely First 1958 Fund Ltd., Second 1958 Fund Ltd., and First 1959 Fund Ltd. Oil and Gas Ventures Inc., filed its original complaint on behalf of such partnerships on December 7, 1962. However, an amended complaint, which is the pleading under attack in the appearing defendants' pending motion for summary judgment, was not filed until May 13, 1963...

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