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ITEK CORPORATION v. CHICAGO AERIAL INDUSTRIES, INC.

257 A.2d 232 (1969)

ITEK CORPORATION, a Delaware corporation, Plaintiff, v. CHICAGO AERIAL INDUSTRIES, INC., a Delaware corporation, Defendant. ITEK CORPORATION, a Delaware corporation, Plaintiff, v. BOURNS, INC., a California corporation, Defendant.

Superior Court of Delaware, New Castle.

September 3, 1969.

Attorney(s) appearing for the Case

Alexander L. Nichols, and Lewis S. Black, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, for the plaintiff, Itek Corporation. (Harold M. Willcox, of Herrick, Smith, Donald, Farley & Ketchum, Boston, Mass., of counsel).

E. N. Carpenter, II, and Charles F. Richards, Jr., of Richards, Layton & Finger, Wilmington, for the defendants, Chicago Aerial Industries, Inc. and Bourns, Inc.

OPINION

STOREY, Judge.

This is an action for breach of an alleged agreement for the sale of corporate assets. Defendant, Chicago Aerial Industries, Inc., who filed its answer on May 10, 1965, now seeks leave to amend its answer, including as an additional defense an allegation that the alleged contract violated Federal antitrust laws, and was thus unenforceable. Plaintiff opposes defendant's amendment on the grounds that the defense raised is not legally...

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