Rollins International, Inc. v. International Hydronics Corp.

DUFFY, Chancellor:

This is the decision on the motion of plaintiff Rollins International, Inc. (Rollins) to dismiss the amended counterclaim (third cause of action) of defendant International Hydronics Corporation (Hydron-ics). In the briefing Rollins opposed the filing of the amendment but at oral argument that opposition was withdrawn and Rollins concentrated its attack on the merits of the amendment. Compare E. M. Fleischmann Lbr. Corp. v. Resources Corp. Int., 34 Del.Ch. 509, 106 A.2d 205 (1954). Accordingly, the amendment will be docketed as a pleading and I regard Rollins’ motion as one…