Fletcher v. Atex, Inc.

68 F.3d 1451 (2nd Cir. 1995)

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Nature of the Case

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Facts

Fletcher and Hermanson (Ps) filed their respective complaints seeking recovery from D and Kodak for repetitive stress injuries that they claim were caused by their use of D computer keyboards. From 1981 until December D was a wholly-owned subsidiary of Kodak. In 1987, D changed its name to Electronic Pre-Press Systems, Inc., and then changed back to Atex in 1990. In December 1992, D sold substantially all of its assets to an independent third party and again changed its name to 805 Middlesex Corp., which holds the proceeds from the sale. Kodak continues to be the sole shareholder of 805 Middlesex Corp. A summary judgment was issued to dismiss Kodak. P appealed. D was a wholly owned subsidiary of Kodak with Kodak as the sole shareholder. D was incorporated in Delaware. P attempted to prove corporate liability under the alter ego theory.