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LIGHT & POWER CONSTRUCTION COMPANY v. McCONNELL

177 A.2d 633 (1962)

LIGHT & POWER CONSTRUCTION COMPANY, a corporation of the State of Delaware, Plaintiff, v. J. H. Tyler McCONNELL, Benjamin Ableman and J. Henry Topkis, being the members of Delaware Interstate Highway Division, State Highway Department, State of Delaware, Tim O'Connell and John B. O'Connell, Trading as Tim O'Connell & Sons, and Isaac Watkin, Defendants.

Court of Chancery of Delaware, New Castle.

February 12, 1962.

Attorney(s) appearing for the Case

Donald W. Booker, of Coxe, Booker, Walls & Cobin, Wilmington, for plaintiff.

James L. Latchum, of Berl, Potter & Anderson, Wilmington, for defendants, J. H. Tyler McConnell, Benjamin Ableman and J. Henry Topkis, members of Delaware Interstate Highway Division.

Wilfred J. Smith, Jr., of Smith & Gentile, Wilmington, for defendants, Tim O'Connell and John B. O'Connell, trading as Tim O'Connell & Sons.

The defendant Isaac Watkin has not yet appeared.

SEITZ, Chancellor.

Plaintiff is a Delaware corporation with its main office and place of business in this State. It has sued the members of the Delaware Interstate Highway Division ("Division"), Tim O'Connell and John B. O'Connell trading as Tim O'Connell & Sons ("defendant contractor"), and Isaac Watkin.

Plaintiff seeks and this is the decision on its application for a restraining order. The application arises out of the following situation. On December...

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