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ELIA CORP. v. PAUL N. HOWARD CO.

391 A.2d 214 (1978)

ELIA CORPORATION, a Pennsylvania Corporation, Plaintiff, v. PAUL N. HOWARD COMPANY, a North Carolina Corporation, Defendant.

Superior Court of Delaware, Sussex County.

Decided July 6, 1978.

Attorney(s) appearing for the Case

Robert L. Halbrook of Wilson, Halbrook, Bayard & Bunting, Georgetown, for plaintiff.

Richard F. Stokes of Tunnell & Raysor, Georgetown, for defendant.

OPINION

TEASE, Judge.

In this case of first impression in Delaware the defendant has moved to dismiss the complaint on the basis of a prorogation clause in the contract between the parties which provides that "... any legal action hereunder by the Subcontractor [Elia — plaintiff herein] against the Contractor [Howard — defendant herein] shall be brought in Guilford County, North Carolina." The home office of the plaintiff is in Scranton, Pennsylvania...

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