Consistent with this analysis, I also conclude that there is no due process problem with applying § 15-114 of the DRUPA to a non-resident partner of a general partnership for a dispute involving the meaning of the general partnership agreement. In particular, I conclude that § 15-114 of the Delaware Revised Uniform Partnership Act (“DRUPA”) clearly provides a basis for the exercise of personal jurisdiction where: (1) the general partnership agreement clearly chooses Delaware law and provides that the general partnership was established “in, and in accordance with the laws of, the State of Delaware”; (2) the controversy involves a dispute between the partners over the meaning of the partnership agreement; and (3) the non-resident partner remained a partner to the general partnership, the partners executed an amended and restated partnership agreement, and the dispute arose all after the DRUPA and its consent to jurisdiction provision clearly became applicable to the general partnership. That consent provision clearly provides for this court to exercise personal jurisdiction over Curran in a dispute “involving or relating to the business of the partnership or a violation by the partner ․ of a duty to the partnership or any partner of the partnership” and also gives Curran sufficient notice that it could face suit here in the event of such a dispute.
Neither Curran nor C-Two (collectively “Curran”) operate facilities in Delaware or do any business in Delaware.
Symbols change on a daily basis, due to name changes, takeovers, bankruptcies, companies going out of business, etc., so this list is by no means complete, but at least it is a starting point. In the following list, the company name is listed first, then the symbol.
Certain web sites, such as Yahoo, add an extension to symbols for over-the-counter bulletin board stocks (. B & H Maritime Carriers BHM B & H Ocean Carriers BHO B A T Industries Plc BTI B B & T Fin Corp BBTF B C E Inc BCE B E Aerospace BEAV B E I Electronics BEII B E I Holdings Ltd BEIH B E T Holdings BTV B E T Plc BEP B F Enterprises BFEN B F S Bankorp BFSI B G S Systems Inc BGSS B H A Group BHAG B H C Communications BHC B H C Financial BHCF B I I Enterprises BIIEF B I Inc BIAC B J Services BJS B K C Semiconductors BKCS B K L A Bancorp BKLA B M C Industries BMC B M C Software BMCS B M C West BMCW B M J Fin Corp BMJF B M R Financial Group BMRG B N H Bankcshares BNHB B P I Packaging Tech BPIE B P Prudhoe Bay Royl Trst BPT B R E Properties BRE B R T Realty Trust BRT B S B Bancorp BSBN B S D Bancorp BSD B T Financial Corp BTFC B T R Realty Inc BTRIC B T Shipping Ltd BTBTY B T U Intl BTUI B W I P Holdings BWIP Babbages BBGS Bachman Info Systems BACH Back Bay Restaurant Group PAPA Badger Meter Inc BMI Badger Paper Mills BPMI Bairnco Corp BZ Baker Corp (Michael) BKR Baker Hughes Inc BHI Baker Inc (J) JBAK Balchem Corp BLCC Baldor Electric Co BEZ Baldwin & Lyons Inc BWINB Baldwin Piano & Organ BPAO Baldwin Technology Co BLD Ball Corp BLL Ballard Medical Products BMED Bally Gaming Intl BGII Bally Manufacturing Corp BLY Baltek Corp BTEK Baltimore Bancorp BBB Baltimore Gas & Electric BGE Banc One Corp ONE Bancfirst Corp BNF Bancfirst Corp Ok BANF Bancflorida Financial BFL Bancinsurance Corp BCIS Banco Bilboa Vizcaya Adrs BBV Banco Central Hispanoamer BCM Banco Latinamerica BLX Banco Santander STD Bancorp Hawaii Inc BOH Bancorp New Jersey BCNJ Bancorpsouth BOMS Banctec Inc BTEC Banctexas Group BTX Bandag Inc BDG Bangor Hydro-Electric BGR Banister BAN Bank Of Boston Corp BKB Bank Of Granite Corp GRAN Bank Of New Hampshire BNHC Bank Of New York Co BK Bank Of San Francisco Hld BOF Bank Of San Pedro BOSP Bank South Corp BKSO Bankamerica Corp BAC Bankatlantic Afsb ASAL Bankers Corp BKCO Bankers First Corp BNKF Bankers Life Holding BLH Bankers Trust New York BT Banknorth Group BKNG Bankunited Financial Corp BKUNA Bankworcester BNKW Banner Aerospace BAR Banponce Corp BPOP Banta Corp BNTA Banyan Hotel Investment VHT Banyan Mortgage Inv Fund VMG Banyan Mrtge Inv Lp Iii VMORZ Banyan Short Term Inc Tst VST Banyan Strategic Land VLANS Banyan Strategic Land Ii VSLF Banyan Systems BNYN Barclays Plc BCS Bard Inc (C R) BCR Barefoot Inc BARE Barnes Group B Barnett Banks BBI Barnwell Industries BRN Baroid Corp BRC Barr Labs BRL Barra BARZ Barrett Resources BARC Barrister Info Systems BIS Barry Corp (R G) RGB Base Ten Systems Inc BASEA Basic Petroleum Intl BPILF Basin Exploration BSNX Bass Plc BAS Bassett Furniture Ind BSET Battle Mountain Gold Co BMG Bausch & Lomb Inc BOL Baxter Intl BAX Bay Area Ghosts BOOO Bay State Gas Co BGC Bay View Capital BVFS Baybanks Inc BBNK Bayou Steel Corp BYX Bayport Restaurant Group PORT Bear Stearns Companies BSC Beard Oil Co BOC Bearings BER Beauticontrol Cosmetics BUTI Beckman Instruments BEC Becton Dickinson & Co BDX Bed Bath & Beyond BBBY Beebas Creations Inc BEBA Bel Fuse Inc BELF Belden & Blake Corp BELD Belding Heminway Co BHY Bell Atlantic Corp BEL Bell Bancorp BELL Bell Industries Inc BI Bell Sports BSPT Bellsouth Corp BLS Belmac Corp BLM Belo Corp (A H) Cl A BLC Bemis Co BMS Ben & Jerrys Homemade Inc BJICA Ben Franklin Retail Store BFRS Benchmark Electronics BHE Beneficial Corp BNL Benetton Group Spa Adr BNG Benihana Natl Corp BNHN Benson Eyecare EB Benton Oil & Gas Co BTN Bergen Brunswig Corp BBC Berkley (W R) Corp BKLY Berkshire Gas Co BGAS Berkshire Hathaway Inc BRK Berkshire Realty Co BRI Berlitz Intl BTZ Bernard Chaus CHS Berrie & Co (Russ) RUS Berry Petroleum BRY Bertuccis BERT Best Buy Co BBY Bestop BTOP Beta Well Service BWS Bethel Bancorp BTHL Bethlehem Corp BET Bethlehem Steel Corp BS Betz Laboratories Inc BTL Beverly Enterprises BEV Bic Corp BIC Big B Inc BIGB Big O Tires Inc BIGO Bindley Western Ind Inc BIND Binks Manufacturing Co BIN Bio Rad Laboratories BIO.
Having chosen to avail itself of the advantages of Delaware as a domicile for the general partnership and being charged with knowledge that the DRUPA subjected general partners of Delaware general partnerships to the jurisdiction of the Delaware courts, Curran cannot claim unfair surprise over having to litigate in this court a dispute among the partners about the meaning of a critical provision in the general partnership agreement. The Parties Plaintiff Total Composites, Inc., a subsidiary of Total Holdings USA, Inc., is a Delaware corporation whose principal place of business is in the Kansas City, Missouri area.
Nor does it face any burden from defending suit here that would otherwise support dismissal or a stay of this first-filed action in deference to Curran's own second-filed Missouri action. The ultimate parent entity of Total Composites and Total Holdings is Total S.
A., a French oil & gas company that is among the largest firms in its industry (collectively “Total”).
Defendant Curran and its subsidiary C-Two, LLC, which was formed solely to hold a portion of Curran's interest in the general partnership with Total, are both Missouri entities whose principal places of business are also in Missouri.
Moreover, Curran says there is no need for this case to proceed and seeks alternatively to dismiss or stay this action in favor of a second-filed Missouri action that it brought in response to this action.
Arni, Esquire, Fried, Frank, Harris, Shriver & Jacobson, LLP, Washington, District of Columbia, Attorneys for Total Holdings USA, Inc. Curran, a Missouri corporation with no operations in Delaware, argues that, despite its status as a general partner of Cook Composites and Polymers, a general partnership that was established by its governing agreement “in, and in accordance with the laws of, the State of Delaware,” there is no statutory or constitutional basis for this court to exercise personal jurisdiction over it.