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RFE CAPITAL PARTNERS, L.P. v. WESKAR, INC.

C.A. No. 93C-06-070.

652 A.2d 1093 (1994)

RFE CAPITAL PARTNERS, L.P., a Delaware limited partnership, Plaintiff, v. WESKAR, INC., a Delaware corporation, Defendant.

Superior Court of Delaware, New Castle County.

Decided July 1, 1994.

Attorney(s) appearing for the Case

Lawrence A. Hamermesh, Seth D. Rigrodsky, Kurt M. Heyman, of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiff.

Gary W. Aber, of Heiman, Aber & Goldlust, Wilmington, Steven H. Williams, John C. Josefsberg of Morrison & Hecker, Phoenix, AZ, for defendant.

MEMORANDUM OPINION

BABIARZ, Judge.

On June 9, 1993, Regional Financial Enterprises, L.P. ("RFE"), filed a complaint against Weskar, Inc. ("Weskar") alleging breach of contract and seeking a declaratory judgment that 8 Del.C. § 160 does not permit Weskar to refuse to perform its obligations under a loan agreement entered into between the parties. Subsequently, on July 30, 1993, Weskar filed an answer and counterclaim.

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