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STAPLES, INC. v. COOK

C.A. No. 5447-CS.

35 A.3d 421 (2012)

STAPLES, INC., Plaintiff/Counterclaim-Defendant, v. Thomas COOK, in his capacity as the Secretary of Finance for the State of Delaware; Patrick T. Carter, in his capacity as the Director of Revenue for the State of Delaware; Mark Udinski, in his capacity as the Director/State Escheator of the State of Delaware; and the Department of Finance, Division of Revenue for the State of Delaware, Defendants/Counterclaim-Plaintiffs.

Court of Chancery of Delaware.

Decided: February 2, 2012.

Attorney(s) appearing for the Case

Brian M. Rostocki, Esquire , Reed Smith LLP, Wilmington, Delaware; Diane Green-Kelly, Esquire , Reed Smith LLP, Chicago, Illinois, Attorneys for Plaintiff/Counterclaim-Defendant.

Stuart M. Grant, Esquire , Michael J. Barry, Esquire , Ned C. Weinberger, Esquire , Grant & Eisenhofer P.A., Wilmington, Delaware; John S. McDaniel, III, Esquire , Delaware Department of Justice, Wilmington, Delaware, Attorneys for Defendants/Counterclaim-Plaintiffs.

OPINION

STRINE, Chancellor.

I. Introduction

The plaintiff, Staples, Inc., sued the State of Delaware to challenge a demand for payment made by the State under Delaware's escheat law, 12 Del. C. §§ 1101, et seq. (the "Escheat Statute"). The State countersued, seeking a declaration that the sums demanded from Staples were proper and authorized under the Statute.

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