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CLEMENTE v. GREYHOUND CORPORATION

155 A.2d 316 (1959)

Ariosto CLEMENTE et al., Plaintiffs, v. GREYHOUND CORPORATION, a Delaware corporation, Defendant.

Superior Court of Delaware, New Castle.

October 28, 1959.

Attorney(s) appearing for the Case

Ernest S. Wilson, Jr. (of Morford, Young & Conaway), Wilmington, and Joseph A. L. Errigo, Wilmington, for plaintiffs.

Henry R. Horsey (of Berl, Potter & Anderson), Wilmington, for defendant.

STIFTEL, Judge.

Motion to dismiss complaint pursuant to Superior Court Rule 12(b) (6), Del.C.Ann.

The ground for the motion is that the complaint fails to state a claim for declaratory judgment for the following reasons: (1) that the complaint fails to plead a controversy within the meaning of the declaratory judgment statute (10 Del.Code § 6501); (2) that an adequate...

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