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MACKEY v. O'NEAL

Civil Action No. 855.

93 A.2d 526 (1952)

MACKEY et al. v. O'NEAL et al.

Superior Court of Delaware, New Castle.

December 9, 1952.

Attorney(s) appearing for the Case

Clement C. Wood, of Wilmington, of Young & Wood, Wilmington, for plaintiffs.

William H. Bennethum, Wilmington, of Morford, Bennethum, Marvel & Cooch, of Wilmington, for defendants.

HERRMAN, Judge.

The defendants have moved to dismiss the complaint. Their motion was filed pursuant to Rule 12(b) (6)1 and is as follows:

"Defendants, by William H. Bennethum, their attorney, hereby move to dismiss the complaint heretofore filed in the above captioned cause for failure to state a claim upon which relief may be granted."

The plaintiffs have moved to strike the...

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