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DISTEFANO v. LAMBORN

Civ. A. 271, 347.

84 A.2d 413 (1951)

DISTEFANO et al. v. LAMBORN et al. FRANK C. SPARKS CO. v. HUBER BAKING CO. et al.

Superior Court of Delaware, New Castle.

November 13, 1951.

Attorney(s) appearing for the Case

Stewart Lynch, Wilmington, for Frank C. Sparks Co.

William Poole and Howard L. Williams, Wilmington, for McCormick Construction Co.

Thomas J. Healy, Jr., Wilmington, for West T. and Robert W. Lamborn.

William Prickett, Wilmington, for Liberty Mut. Ins. Co., et al.

LAYTON, Judge.

Frank C. Sparks Company and Liberty Mutual Insurance Company each instituted an action under 6108, Sec. 38 of the Delaware Workmen's Compensation Law against third party tort-feasors allegedly responsible for injuries to certain employees of Sparks. I shall refer to these suits as the Sparks case and the Liberty case. Both defendants in the Liberty suit have filed a motion for summary judgment and the Employees, the nominal plaintiffs

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