METZNER, District Judge:
Defendant Automatic Fire Alarm Company of Delaware moves to dismiss the complaint on the ground that the company went out of existence on April 26, 1968 as the result of a statutory merger.
Service of the complaint was made here in New York after April 26, 1968 on Automatic Fire Alarm Company, the surviving corporation. Automatic Fire Alarm Company is a New York corporation. Fed.R.Civ.P. 17(b) provides that the capacity of a corporation...
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