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FETTERS v. MAYOR & COUNCIL OF WILMINGTON

74 A.2d 470 (1950)

FETTERS v. MAYOR & COUNCIL OF WILMINGTON et al.

Court of Chancery of Delaware, New Castle.

July 7, 1950.

Attorney(s) appearing for the Case

E. Ennalls Berl, of Southerland Berl & Potter, and Harry Rubenstein, all of Wilmington, for plaintiff.

August F. Walz, City Solicitor, and Januar D. Bove, Jr., Assistant City Solicitor, Wilmington, for defendants.

SEITZ, Vice Chancellor.

Because of the necessity for a prompt determination, the Court's decision was announced at the close of the evidence. In view of the importance of the conclusions reached, it seems desirable that such conclusions be reported.

Originally this Court granted defendants' (referring solely to the Water Commissioners) motion to dismiss the complaint with leave to amend. See Del.Ch., 72 A.2d 626. Later defendants...

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