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WILMINGTON HOUSING AUTHORITY v. NOS. 401, 403, 405 E. SEVENTH ST.

195 A.2d 392 (1963)

WILMINGTON HOUSING AUTHORITY, a Public Body Corporate and Politic, Organized and Existing Under the Laws of the State of Delaware, Plaintiff Below, Appellant, v. NOS. 401, 403, 405 EAST SEVENTH STREET, George S. Hurlock et al., Defendants Below, Appellees.

Supreme Court of Delaware.

November 8, 1963.

Attorney(s) appearing for the Case

Thomas Herlihy, Jr., and Morris Cohen, Wilmington, for appellant.

Oliver V. Suddard and Richard Allen Paul, of Wise & Suddard, of Wilmington, for appellees.

Daniel L. Herrmann, of Herrmann, Bayard, Brill & Russell, Wilmington, for State Highway Department, amicus curiae

WOLCOTT and CAREY, JJ., and SEITZ, Chancellor, sitting.

CAREY, Justice.

Appellant filed a condemnation proceeding in Superior Court on August 29, 1959 against three properties owned by appellees. In May 1961, appellant moved for immediate possession and deposited in Court the sum of $32,000 pursuant to T. 10 Del.C. § 6110. The motion was granted shortly thereafter giving the condemnor the right to take possession on July 17, 1961. Although the statute permits the Court, on...

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