AMICARE NURSING INNS, INC. v. CHC CORP.

No. 7726SC2.

237 S.E.2d 873 (1977)

AMICARE NURSING INNS, INC. v. CHC CORPORATION.

Court of Appeals of North Carolina.

October 19, 1977.


Attorney(s) appearing for the Case

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by Gaston H. Gage and William P. Farthing, Jr., Charlotte, for plaintiff appellee.

Smith, Anderson, Blount & Mitchell by Henry A. Mitchell, Jr., and Michael E. Weddinton, Raleigh, for defendant appellant.


HEDRICK, Judge.

In its six assignments of error defendant contends that the pertinent Delaware statutes read in harmony with one another compel the conclusion that a corporation whose charter has been revoked for nonpayment of franchise taxes lacks the capacity to bring suit. Plaintiff argues that § 278 of the General Corporation Law of Delaware authorizes all dissolved corporations, including those with revoked charters...

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