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MacARTOR v. GRAYLYN CREST III SWIM CLUB, INC.

187 A.2d 417 (1963)

Frank L. MacARTOR and June D. MacArtor, his wife, Plaintiffs, v. The GRAYLYN CREST III SWIM CLUB, INC., a Delaware corporation, Defendant.

Court of Chancery of Delaware, New Castle.

January 14, 1963.

Attorney(s) appearing for the Case

Bruce M. Stargatt of Morford, Young & Conaway, Wilmington, for plaintiffs.

Frederick Knecht, Jr., of Knecht & Conte, Wilmington, for defendant.

SEITZ, Chancellor.

This is the decision after final hearing on plaintiffs' application to enjoin defendant Swim Club from further use of its well, to enjoin defendant from using its loud speaker altogether or at a greater than reasonable level and for damages in the sum of $73.49.

This case raises in capsule form very important problems of allocation of rights in percolating water. It is not susceptible of an easy...

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