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DAMON ALARM CORP. v. AMERICAN DISTRICT TELEGRAPH CO.

No. 68 Civ. 2789.

304 F.Supp. 83 (1969)

DAMON ALARM CORPORATION, et al., Plaintiffs, v. AMERICAN DISTRICT TELEGRAPH COMPANY, et al., Defendants.

United States District Court S. D. New York.

September 16, 1969.

Attorney(s) appearing for the Case

Dickstein, Shapiro & Galligan, and Nierenberg, Glixon, Zeif & Weinstein, New York City, for plaintiffs; Arthur J. Galligan, New York City, of counsel.

Cahill, Gordon, Sonnett, Reindel & Ohl, New York City, for defendant Grinnell Corp., Denis G. McInerney, New York City, of counsel.

White & Case, New York City, for defendant American District Telegraph Company; MacDonald Flinn, New York City, of counsel.

Kelley, Drye, Newhall, Maginnes & Warren, New York City, for defendant Holmes Electric Protective Co.; Francis S. Bensel, New York City, of counsel.

Stickles, Hayden, Kennedy, Hort & Van Steenburgh, New York City, for defendant Automatic Fire Alarm Company of Delaware; J. Francis Hayden, New York City, of counsel.

Sidney Goldstein, New York City, for plaintiff.

METZNER, District Judge:

Defendant Automatic Fire Alarm Company of Delaware moves to dismiss the complaint on the ground that the company went out of existence on April 26, 1968 as the result of a statutory merger.

Service of the complaint was made here in New York after April 26, 1968 on Automatic Fire Alarm Company, the surviving corporation. Automatic Fire Alarm Company is a New York corporation. Fed.R.Civ.P. 17(b) provides that the capacity of a corporation...

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