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McWANE CAST IRON P. CORP. v. McDOWELL-WELLMAN ENGINEERING CO.

263 A.2d 281 (1970)

McWANE CAST IRON PIPE CORPORATION, a corporation, Defendant Below, Appellant, v. McDOWELL-WELLMAN ENGINEERING COMPANY, a corporation, Plaintiff Below, Appellee.

Supreme Court of Delaware.

February 13, 1970.

Attorney(s) appearing for the Case

E. Norman Veasey, Richard J. Abrams and David T. Dana, III, of Richards, Layton & Finger, Wilmington, for defendant below, appellant.

John P. Sinclair of Potter, Anderson & Corroon, Wilmington, for plaintiff below, appellee.

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

HERRMANN, Justice.

The question we decide on this appeal is whether the Delaware Superior Court action here involved should be stayed in view of the prior action now pending in another State between the same parties and involving the same issues.

I.

On June 9, 1969, McWane Cast Iron Pipe Corporation (hereinafter "McWane") commenced an action in the United States District Court for the Northern District of Alabama against McDowell-Wellman Engineering...

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