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DELAWARE POWER & LIGHT CO. v. MAYOR AND COUNCIL

200 A.2d 840 (1964)

DELAWARE POWER AND LIGHT COMPANY, a Delaware corporation, Third-Party Plaintiff, v. The MAYOR AND COUNCIL OF the CITY OF WILMINGTON, a municipal corporation, Third-Party Defendant.

Superior Court of Delaware, New Castle.

June 2, 1964.

Attorney(s) appearing for the Case

William Prickett, Sr., of Prickett & Prickett, Wilmington, for Delaware Power and Light Co.

Alfred M. Isaacs, of Flanzer & Isaacs, Wilmington, for The Mayor and Council of the City of Wilmington, and Frank J. Gentile, Asst. City Sol.

STIFTEL, Judge.

This is a motion by the third party defendant, The Mayor and Council of the City of Wilmington ("the City") to dismiss the third party complaint filed against it by the third party plaintiff, the Delaware Power and Light Company ("the Power Company"). The City's motion to dismiss is based on an indemnity agreement dated August 7, 1906, between it and a corporate predecessor of the Power Company. The plaintiffs...

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