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MAYOR AND COUNCIL OF WILMINGTON v. DUKES

Nos. 55 and 57.

157 A.2d 789 (1960)

MAYOR AND COUNCIL OF WILMINGTON, a municipal corporation of the State of Delaware, Appellant, v. James B. DUKES, Appellee. James B. DUKES, Appellant, v. MAYOR AND COUNCIL OF WILMINGTON, a municipal corporation of the State of Delaware, Appellee.

Supreme Court of Delaware.

February 10, 1960.

Attorney(s) appearing for the Case

Stewart Lynch, City Solicitor, Wilmington, for plaintiff.

Edmund D. Lyons, of Morris, James, Hitchens & Williams, Wilmington, for defendant.

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

BRAMHALL, Justice.

The questions raised by these appeals relate to (1) the right of the City to institute a civil suit to collect license fees where the only remedy expressly provided in the Ordinance is a criminal penalty; (2) the applicability of the Ordinance in the case of a physician employed by another physician who operates a clinic for a hospital; (3) the question whether the Ordinance exceeds the authority provided...

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