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McHUGH ELECTRIC CO. v. HESSLER REALTY & DEVELOP. CO.

129 A.2d 654 (1957)

McHUGH ELECTRIC COMPANY, a corporation of the State of Delaware, Plaintiff-Below, Appellant, v. HESSLER REALTY & DEVELOPMENT CO., a corporation of the State of Delaware, Abraham M. Ellis, Martin B. Ellis, Herman M. Ellis and Sidney H. Ellis, trading under the firm name of A. M. Ellis Theatres Company, owners or reputed owners, and W. A. Albertson Construction Company, a corporation of the State of Pennsylvania, Defendants-Below, Appellants.

Supreme Court of Delaware.

February 18, 1957.

Attorney(s) appearing for the Case

Vincent A. Theisen and Aubrey B. Lank, of Logan, Marvel, Boggs & Theisen, Wilmington, for Hessler Realty & Development Co., and Abraham M. Ellis, Martin Ellis, Herman Ellis and Sidney H. Ellis, trading under the firm name of A. M. Ellis Theatres Co.

Louis J. Finger of Richards, Layton & Finger, Wilmington, for McHugh Electric Co.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

WOLCOTT, Justice.

Review is sought of a judgment imposing a mechanic's lien upon an outdoor theatre and a leasehold interest in the land on which it is erected, and denying the imposition of the lien on the fee interest in the land.

Hessler Realty & Development Co., a Delaware corporation, one of the defendants-below (hereafter Hessler), is the owner in fee of the land...

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