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STAUB v. TRIANGLE OIL COMPANY

349 A.2d 209 (1975)

Carroll R. STAUB, Defendant and Counter-claimant below, Appellant, v. TRIANGLE OIL COMPANY, Plaintiff and Counterdefendant below, Appellee.

Supreme Court of Delaware.

Decided December 12, 1975.

Attorney(s) appearing for the Case

Gary A. Myers, Community Legal Aid Society, Inc., Dover, for defendant and counterclaimant below, appellant.

Robert C. Wolhar, Jr., for Paul R. Reed, Georgetown, for plaintiff and counterdefendant below, appellee.

Before HERRMANN, C. J., and DUFFY and McNEILLY, JJ.

McNEILLY, Justice:

This is an appeal from the Superior Court's dismissal of Carroll R. Staub's counterclaim to an action on a promissary note brought by Triangle Oil Company ("Triangle") against Staub and his wife.

During the pendency of the respective claims, the Staubs voluntarily petitioned for adjudication of bankruptcy in the U.S. District Court for the District of Delaware. Triangle was listed as an unsecured creditor and Staub's counterclaim was listed...

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