citizenship of the defendant, Scott Bros. Inc., by virtue of (1) the fact that said defendant was incorporated by the State of Delaware and (2) the fact that it has a principal office and place of business in Delaware as required by 131 of the Delaware Corporation Law, 8 Del.C. 131.
In rebuttal, the contention of the defendant, Scott Bros. Inc., is that it became a Pennsylvania citizen with its principal office in Pittsburgh, Pennsylvania, by virtue of the following facts in its amended motion to dismiss:
'* * * in 1959 Scott Bros. Inc., a Delaware corporation, merged with Pennsylvania Truck Lines, Inc., a Pennsylvania corporation; that by the terms of said merger Scott Bros. Inc., ceased its corporate existence; that Scott Bros. Division of Pennsylvania Truck Lines, Inc., is a Pennsylvania corporation; and that the principal place of business of Scott Bros. Division of Pennsylvania Truck Lines, Inc., is located within the Commonwealth of Pennsylvania, to wit, 110 South Main Street, Pittsburgh, Pennsylvania.'
In our opinion, these facts are insufficient to overcome plaintiff's prima facie showing of the Delaware citizenship of defendant, Scott Bros. Inc. To overcome it, said defendant must how with additional evidence that on the date of the filing of the instant complaint it was merged in fact and no longer had its principal place of business in Delaware. Stating that it ceased its corporate existence by merging is not enough.
It must show the facts upon which this statement is based.
For reasons stated herein the motion to dismiss and the amended motion to dismiss of the defendant, Scott Bros. Inc., will accordingly be denied.