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PAULEY PETROLEUM, INC. v. CONTINENTAL OIL COMPANY

235 A.2d 284 (1967)

PAULEY PETROLEUM, INC., a corporation of the State of Delaware, Pauley Pan American Petroleum Company, a corporation of the State of Delaware, and American Independent Oil Company De Mexico, S. A. de C. V., a corporation of the Republic of Mexico, Plaintiffs Below, Appellants, v. CONTINENTAL OIL COMPANY, a corporation of the State of Delaware, and Mexofina, S. A. de C. V., a corporation of the Republic of Mexico, Defendants Below, Appellees.

Supreme Court of Delaware.

Reargument Denied November 3, 1967.

Attorney(s) appearing for the Case

H. Albert Young, H. James Conaway, Jr., and Ben T. Castle, of Young, Conaway, Stargatt & Taylor, Wilmington, and Orris R. Hedges, Los Angeles, Cal., for plaintiffs below, appellants.

James M. Tunnell, Jr., Andrew B. Kirkpatrick, Jr., and William S. Megonigal, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, for Mexofina, S. A. de C. V., appearing specially and not generally.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice:

This is an appeal from an Order of the Superior Court quashing a writ of foreign attachment. The determinative question involves the correctness of the interpretation by the Court below of Superior Court Civil Rules 4(c) and 5(aa) (2), Del.C.Ann., as they existed on January 31, 1967 when the writ was issued.

I.

The question presented requires tracing the evolution of certain changes in...

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