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CDE, INC. v. SOURCE CAPITAL, INC.

Civ. A. No. 74-63.

374 F.Supp. 1019 (1974)

CDE, INC., Plaintiff, v. SOURCE CAPITAL, INC., Defendant.

United States District Court, D. Delaware.

April 25, 1974.

Attorney(s) appearing for the Case

Rodman Ward, Jr., of Prickett, Ward, Burt & Sanders, Wilmington, Del., Stephen M. Axinn, Henry P. Wasserstein, and Jonathan J. Lerner, of Skadden, Arps, Slate, Meagher & Flom, New York City, for plaintiff.

Andrew B. Kirkpatrick, Jr., Paul P. Welsh, and William H. Sudell, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., Lawrence J. Sheehan and B. Boyd Hight, Jr., of O'Melveny & Myers, Los Angeles, Cal., for defendant.

OPINION

STAPLETON, District Judge:

This is a declaratory judgment action seeking a determination of the rights of the parties under an agreement ("the Note Agreement") pursuant to which plaintiff's predecessor issued a $10,000,000 note ("the Note"). Plaintiff, CDE, Inc. ("CDE"), is a Connecticut corporation headquartered in New Jersey which is engaged in the operation of motion picture theatres. Defendant, Source...

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