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RACE SAFE SYSTEMS, INC. v. INDY RACING LEAGUE

No. 02-CV-825.

251 F.Supp.2d 1106 (2003)

RACE SAFE SYSTEMS, INC. Plaintiff, v. INDY RACING LEAGUE and Delphi Corporation Defendants,

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

March 18, 2003.

Attorney(s) appearing for the Case

David M. Giglio, Esq., Utica, NY, for Plaintiff.

Thorn, Gershon, Tymann and Bonanni, LLP (Paul D. Jureller, Esq., of Counsel), Albany, NY, for Defendants.

MEMORANDUM DECISION AND ORDER

MUNSON, Senior District Judge.

This is a patent infringement lawsuit instituted by plaintiff Race Safe Systems, ("Race Safe") a New York corporation that was dissolved by proclamation on December 27, 2000. The corporate dissolution does not prevent Race Safe from bringing this action. Rule 17(b) of the Federal Rules of Civil Procedure applies to dissolved and active corporations, and it provides that, "[t]he capacity of a corporation...

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