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TRANS-AMERICAS AIRLINES, INC. v. KENTON

491 A.2d 1139 (1985)

TRANS-AMERICAS AIRLINES, INC., Plaintiff Below, Appellant, v. Glenn C. KENTON, Secretary of State, State of Delaware, and the Corporation Trust Company, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: April 11, 1985.

Attorney(s) appearing for the Case

John C. Phillips, Jr., Wilmington, and Philip Schleit (argued), Washington, D.C., of counsel, for appellant.

John A. Parkins, Jr., Chief of Appeals Div., Dept. of Justice, Wilmington, for appellees Kenton and the State of Del.

Peter M. Sieglaff, Potter Anderson & Corroon, Wilmington, for appellee The Corp. Trust Co.

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

HERRMANN, Chief Justice:

The issue in this appeal pertains to the duties which 8 Del.C. § 102(a)(1)* imposes upon the Secretary of State of Delaware when approving a proposed corporate name similar to one already on the books.

I.

Transamerica Corporation (hereinafter "Transamerica"), a nationally-known conglomerate incorporated...

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