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COUNCIL OF UNIT OWNERS v. FREEMAN ASSOC.

564 A.2d 357 (1989)

COUNCIL OF UNIT OWNERS OF SEA COLONY EAST, PHASE III CONDOMINIUM, on Behalf of the ASSOCIATION OF OWNERS, Plaintiff, v. CARL M. FREEMAN ASSOCIATES, INC., a Maryland Corporation, et al., Defendants. ALCAN ALUMINUM CORPORATION, et al., Defendants and Third-Party Plaintiffs, v. ENAMEL PRODUCTS & PLATING COMPANY, et al., Third-Party Defendants.

Superior Court of Delaware, New Castle County.

Decided: April 11, 1989.

Attorney(s) appearing for the Case

Edward M. McNally and Larry J. Tarabicos of Morris, James, Hitchens & Williams, Wilmington, and David Freishtat, Raymond D. Burke and W. Michael Mullen of Freishtat & Sandler, Baltimore, Md., for plaintiff.

C. Scott Reese of Cooch and Taylor, Wilmington, and Philip S. Downer and Shelah M. Fidellman of Hyatt & Rhoads, P.C., Washington, D.C., for Carl M. Freeman, defendants.

Mary E. Sherlock and Robert Young of Young & Sherlock, Wilmington, and Jeffrey P. Ward, Anthony Cillo and Neil F. Siegel of Alder, Cohen & Grigsby, P.C., Pittsburgh, Pa., for third-party defendant, Enamel Products & Plating Co.

Donald E. Evans of Bryde, Ament & Evans, Wilmington, and Robert B. Taylor of Adkins, Potts, & Smethurst, Salisbury, Md., for third-party defendant, Peninsula Roofing Co.

Lawrence S. Drexler of Elzufon & Associates, P.A., Wilmington, for defendant and third-party plaintiff Alcan Aluminum Corp.

Sherry Ruggiero of Tybout, Redfearn, Casarino & Pell, Wilmington, for third-party defendant, Salisbury Steel Products Corp.

OPINION

MARTIN, Judge.

Plaintiff, Council of Unit Owners of Sea Colony East, Phase III Condominium has moved this Court for a motion in limine or, in the alternative, for judgment as a matter of law, to preclude the Freeman Defendants and any other party from introducing evidence at trial of any diminution of value and/or useful life theories as a means of reducing Plaintiff's damage award. The Freeman Defendants...

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