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IMPROVED PARCEL OF LAND, ETC. v. STATE

195 A.2d 390 (1963)

The IMPROVED PARCEL OF LAND, KNOWN AS NO. 900 WEST SECOND STREET, ETC., Mary C. Godfrey, et al., Appellants, v. The STATE of Delaware, upon the relation of the STATE HIGHWAY DEPARTMENT, Appellee.

Supreme Court of Delaware.

November 5, 1963.

Attorney(s) appearing for the Case

Joseph A. Julian, Jr., Wilmington, for appellant.

William D. Bailey, Jr., of Herrmann, Bayard, Brill & Russell, Wilmington, for appellee.

TERRY, C. J., and WOLCOTT and CAREY, JJ., sitting.

CAREY, Justice.

This case seeks a review of a final award in a condemnation action. The award was entered by the Superior Court on April 18, 1963. Notice of appeal was served on June 11, 1963. The matter presently before us is appellee's motion to dismiss on the ground that the appeal was filed more than one month after the entry of the award, contrary to T. 10 Del.C. § 6112 which reads as follows:

"There shall...

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