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STATE, USE OF CERTAIN-TEED PROD. v. U. P. INS.

389 A.2d 777 (1978)

STATE of Delaware to the Use of CERTAIN-TEED PRODUCTS CORPORATION, Plaintiff, v. UNITED PACIFIC INSURANCE COMPANY, a Foreign Corporation, Defendant.

Superior Court of Delaware, New Castle County.

Decided June 27, 1978.

Attorney(s) appearing for the Case

James P. D'Angelo and Edward T. Ciconte, of D'Angelo & Ciconte, Wilmington, for plaintiff.

Richard A. Cohen, of Prickett, Ward, Burt & Sanders, Wilmington, for defendant.

O'HARA, Judge.

The use-plaintiff, Certain-Teed Products Corporation ("Certain-Teed"), has filed a complaint against United Pacific Insurance Company ("United Pacific"), the surety on a performance and payment bond. In lieu of an answer, United Pacific has moved for dismissal pursuant to Superior Court Civil Rule 12(b)(6) on the ground that the complaint fails to state a claim upon which relief can be granted. For purposes...

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