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STATE v. ROSSITTO

191 A.2d 642 (1963)

The STATE of Delaware, on the relation of David P. BUCKSON, Attorney General of the State of Delaware, Plaintiff, v. Joseph ROSSITTO et al., Defendants.

Court of Chancery of Delaware, New Castle.

April 8, 1963.

Attorney(s) appearing for the Case

Thomas Herlihy, III, Deputy Atty. Gen., for plaintiff.

Victor J. Colombo, Wilmington, for defendant, Peter C. Olivere, Inc.

Robert C. O'Hora and John P. Daley, Wilmington, for defendants, Rossitto, Zuchowski, Stant, Smallwood, Morabito, Rosen and Gross.

SEITZ, Chancellor.

The State brought this action under 10 Del.C. §§ 7101-7109 to abate a nuisance alleged to exist at 703 Orange Street, Wilmington, Delaware. The conduct complained of is illegal gambling, and the named defendants are charged with "maintaining a nuisance" within the meaning of the statute. A restraining order was issued pursuant to the prayers of the complaint. Subsequently, after service of process upon each of the named defendants, a hearing...

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