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CLEAVER v. ROBERTS

203 A.2d 63 (1964)

G. Lester CLEAVER, Relator Below, Appellant, and The State of Delaware, upon the relation of David P. Buckson, Attorney General, Plaintiff Below, v. Harry B. ROBERTS, Jr., Defendant Below, Appellee.

Supreme Court of Delaware.

June 25, 1964.

Attorney(s) appearing for the Case

Harvey Bernard Rubenstein, of Leshem & Rubenstein, Wilmington, for appellant.

Clair John Killoran, H. Albert Young and Arthur F. DiSabatino, Wilmington, for appellee.

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

WOLCOTT, Justice.

This is an appeal from an order of the Superior Court dismissing an Information in the nature of a Writ of Quo Warranto challenging the defendant's title to the office of Levy Court Commissioner.

The defendant has occupied the office of Levy Court Commissioner for the Third District of New Castle County since January, 1961, having at the election held in November, 1960, been the apparent winner over...

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