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DELAWARE POWER & LIGHT COMPANY v. CITY OF NEWARK

140 A.2d 258 (1958)

DELAWARE POWER & LIGHT COMPANY, a Delaware corporation, Plaintiff, v. CITY OF NEWARK, a municipal corporation of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle.

February 28, 1958.

Attorney(s) appearing for the Case

David F. Anderson, of Berl, Potter & Anderson, Wilmington, for plaintiff.

James H. Hughes, III, Dover, and John S. Walker and Frank Miller, Wilmington, for defendant.

SEITZ, Chancellor.

In this action plaintiff, Delaware Power & Light Company, seeks a declaratory judgment that a certain "franchise fee" ordinance adopted by the defendant, City of Newark, on October 16, 1956, is invalid, illegal, unconstitutional and void. Plaintiff further seeks an injunction restraining the City from attempting to enforce the ordinance or collect the "fee" imposed thereby.

This matter comes before the court on plaintiff's motion for...

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