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SHERR v. EAST

71 A.2d 752 (1950)

SHERR v. EAST et al. (two cases).

Superior Court of Delaware, New Castle.

February 9, 1950.

Attorney(s) appearing for the Case

Clement C. Wood, of Wilmington, for plaintiffs Sherr.

William Prickett, of Wilmington, for defendant Kutchinsky.

Albert Simon, of Wilmington, for defendant East.

LAYTON, J., sitting.

LAYTON, Judge.

I am of the opinion that Kutchinsky should not be compelled to admit matters of fact already admitted by his answer and concerning which there is no issue. O'Rourke v. RKO Radio Pictures, Inc., D.C., 27 F.Supp. 996.

Plaintiffs, however, argue that even though this may be correct as between themselves and Kutchinsky, yet, the facts sought to be elicited by the request would

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