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NELLIUS v. TAMPAX, INC.

394 A.2d 233 (1978)

Weston E. NELLIUS, State Escheator of the State of Delaware, Plaintiff, v. TAMPAX, INCORPORATED, a Delaware Corporation, Defendant and Counterclaimant, v. Weston E. NELLIUS, State Escheator of the State of Delaware, William C. Russell, Margaret Marks McClelland, Executrix of the Estate of John G. Cronin, Deceased, and John G. Serino, Special Administrator of the Estate of John G. Cronin, Deceased, Defendants by Counterclaim.

Court of Chancery of Delaware, New Castle County.

Decided October 24, 1978.

Attorney(s) appearing for the Case

Carolyn Berger, Asst. Atty. Gen., Wilmington, for plaintiff.

Andrew B. Kirkpatrick, Jr., and William T. Allen, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant Tampax, Inc.

Richard J. Abrams, of Richards, Layton & Finger, Wilmington, for defendant William C. Russell.

Thomas Herlihy, III, of Herlihy & Herlihy, Wilmington, for defendant John G. Serino, Sp. Administrator.

BROWN, Vice Chancellor.

In this action brought initially to escheat the ownership interests in certain personal property, the defendants have moved for summary judgment against the plaintiff State Escheator. The undisputed facts giving rise to this motion may be summarized as follows:

On December 22, 1971 the State Escheator filed this suit against the defendant Tampax, Incorporated, a Delaware corporation (hereafter...

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