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DELAWARE TRUST CO. v. PARTIAL

Civ. A. No. 8479.

517 A.2d 259 (1986)

DELAWARE TRUST COMPANY, a Delaware corporation, Plaintiff, v. Morris PARTIAL, t/a Oriental Rug Gallery of Delaware, Inc., and Wilmington Trust Company, a Delaware corporation, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: May 13, 1986.

Attorney(s) appearing for the Case

Thomas P. Collins of Wilmington Trust Co., Legal Dept., Wilmington, for defendant Wilmington Trust Co.

Walter P. McEvilly, Jr., of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for H. Feinberg Furniture Co.

Daniel F. Lindley and Linda A. Blanchfield of Potter, Anderson & Corroon, Wilmington, for plaintiff.

ALLEN, Chancellor.

The Delaware Trust Company, plaintiff, has moved at the outset of this case for a temporary restraining order enjoining the withdrawing, transferring or encumbering of funds held by defendant Morris Partial in a depository account at the Wilmington Trust Company, a Delaware banking corporation. The pending motion also asks that Wilmington Trust Company be temporarily restrained from permitting the withdrawal...

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