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TOTAL HOLDINGS USA v. CURRAN COMPOSITES

C.A. No. 4494-VCS.

999 A.2d 873 (2009)

TOTAL HOLDINGS USA, INC. and Total Composites, Inc., Plaintiffs, v. CURRAN COMPOSITES, INC. and C-Two, LLC, Defendants.

Court of Chancery of Delaware, Kent County.

Decided: October 9, 2009.

Attorney(s) appearing for the Case

Stephen E. Jenkins, Esquire, Catherine A. Gaul, Esquire, Ashby & Geddes, P.A., Wilmington, Delaware; Elliot E. Polebaum, Esquire, Daniel E. Loeb, Esquire, and Dominic A. Arni, Esquire, Fried, Frank, Harris, Shriver & Jacobson, LLP, Washington, District of Columbia, Attorneys for Total Holdings USA, Inc. and Total Composites, Inc.

Thomas A. Beck, Esquire, David Schmerfeld, Esquire, Richards, Layton & Finger, P.A., Wilmington, Delaware; Floyd R. Finch, Jr., Esquire, Husch, Blackwell & Sanders, LLP, Attorneys for Curran Composites, Inc. and C-Two, LLC.

OPINION

STRINE, Vice Chancellor.

I. Introduction

This opinion addresses the request of defendant Curran Composites, Inc. to dismiss this action because this court supposedly lacks personal jurisdiction over it. Curran, a Missouri corporation with no operations in Delaware, argues that, despite its status as a general partner of Cook Composites and Polymers, a general partnership that was established by its governing agreement "in, and in...

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