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ROLLINS INTERNAT'L, INC. v. INTERNATIONAL HYDRO. CORP.

295 A.2d 592 (1972)

ROLLINS INTERNATIONAL, INC., a Delaware corporation, and International Bulk Distribution Corp., a Delaware corporation, Plaintiffs, v. INTERNATIONAL HYDRONICS CORPORATION, a Delaware corporation, Defendant.

Court of Chancery of Delaware, New Castle.

August 18, 1972.

Attorney(s) appearing for the Case

David A. Drexler and William H. Sudell, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiffs.

H. James Conaway, Jr., and Edward B. Maxwell, 2nd, of Young, Conaway, Stargatt & Taylor, Wilmington, for defendant.

DUFFY, Chancellor:

This is the decision on the motion of plaintiff Rollins International, Inc. (Rollins) to dismiss the amended counterclaim (third cause of action) of defendant International Hydronics Corporation (Hydronics). In the briefing Rollins opposed the filing of the amendment but at oral argument that opposition was withdrawn and Rollins concentrated its attack on the merits of the amendment. Compare E. M. Fleischmann Lbr. Corp. v. Resources Corp. Int.,...

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