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STATE HIGHWAY DEPT. v. DELAWARE POWER & LIGHT CO.

167 A.2d 27 (1961)

STATE HIGHWAY DEPARTMENT, an agency of the State of Delaware, Plaintiff, v. DELAWARE POWER & LIGHT COMPANY, a Delaware corporation, and the Diamond State Telephone Company, a Delaware corporation, Defendants.

Supreme Court of Delaware.

January 12, 1961.

Attorney(s) appearing for the Case

Richard H. Allen and S. Samuel Arsht, of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiff.

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

BRAMHALL, Justice and CAREY and STIFTEL, Judges, sitting.

BRAMHALL, Justice.

Plaintiff is an agency of this State with the powers and duties of constructing and maintaining state highways within the State. Defendants are public utility companies serving the public with electricity, gas and telephone services under franchises granted by plaintiff or by the City of Wilmington as to facilities within its corporate limits. These franchises provide that whenever it shall become necessary...

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