Challenge to Delaware’s unclaimed property law can proceed

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The Wall Street Journal (paywall) reported that Delaware  U.S. District Court Judge  Sue Robinson  ruled that a company proceed with its case that allows the state to collect unclaimed property from companies incorporated in the state.

The suit was filed last year by Temple-Inland, a container company that is part of International Paper Co.

The suit claims that the state seeks unclaimed revenue based on estimates from the state. Temple-Inland claimed the state sought nearly $1.4 million, while the actual amount was less than $150, according to a court filing.

The ability of the state to seek out unclaimed property is a major source of state revenue in Delaware, but has long been controversial in corporate circles.

The state had been seeking to dismiss the suit.

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Unclaimed property accounts for about 14 percent of Delaware revenues, the Journal reported.

The unclaimed property can include checks for payroll or vendors that are not cashed.

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