International Pulp Equipment Co. v. St. Regis Kraft Co.

LEAHY, District' Judge.

Because defendant was dissolved on September 30, 1940, ánd suit instituted here on September 23, 1943, but service of summons on the Secretary of State was not had until April 14, 1944, defendant contends that as more than three and a half years after defendant’s dissolution had elapsed before the instant action was begun, it can not now be maintained under Sec. 42 of the Delaware Corporation Law, 43 Del.Laws 1941, c. 132, p. 457. In short, defendant argues that not only must the complaint be filed but a valid service of process must also be made upon a dissolved…