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SORAGHAN v. HENLOPEN ACRES, INCORPORATED

Civ. A. No. 2299.

236 F.Supp. 489 (1964)

Terrence SORAGHAN, Plaintiff, v. HENLOPEN ACRES, INCORPORATED, a Delaware corporation and W. S. Corkran, Defendants.

United States District Court D. Delaware.

December 22, 1964.

Attorney(s) appearing for the Case

Victor F. Battaglia, of Theisen & Lank, Wilmington, Del., for plaintiff.

James M. Tunnell, Jr., and Richard H. Allen, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for defendants.

WRIGHT, Chief Judge.

This is a motion for summary judgment in an action brought against W. S. Corkran (Corkran) and Henlopen Acres, Inc. (Henlopen), for damages resulting from an alleged libel committed by Corkran while he was president of Henlopen. The grounds for the motion spring from Corkran's death in February, 1962 after commencement of the action. Henlopen claims that the action has abated as against Corkran under the doctrine actio personalis moritur cum...

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