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BAZAK INTERN. CORP. v. WILLIAM WEDEEN & CO. INC.

No. 80 CIV 0717 (LBS).

496 F.Supp. 847 (1980)

BAZAK INTERNATIONAL CORP., Plaintiff, v. WILLIAM WEDEEN & CO. INC., Defendant.

United States District Court, S. D. New York.

September 8, 1980.

Attorney(s) appearing for the Case

Kimmel & Levy, Jeffrey N. Levy, New York City, for plaintiff.

Putterman & Putterman, Arnold L. Putterman, New York City, for defendant.

OPINION

SAND, District Judge.

In this diversity action for goods sold and delivered, defendant moves to dismiss on the grounds that diversity is lacking because plaintiff, a Florida corporation, was dissolved on December 5, 1978 by the Secretary of State of Florida for failure to file its 1978 annual return. Plaintiff concedes the 1978 dissolution but contends that, pursuant to section 607.297 of the Florida General Corporation Act, Fla.Stat.Ann. §...

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