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TERRY v. DELAWARE POWER & LIGHT COMPANY

200 A.2d 423 (1964)

N. Maxson TERRY et al., constituting the State Highway Department of the State of Delaware, and William J. Miller, Jr., Director of Operations, Defendants-below Appellants, v. DELAWARE POWER & LIGHT COMPANY, a Delaware corporation, Plaintiff-below Appellee.

Supreme Court of Delaware.

April 24, 1964.

Attorney(s) appearing for the Case

S. Samuel Arsht and David A. Drexler, of Morris, Nichols, Arsht & Tunnell, Wilmington, for appellants.

David F. Anderson, of Berl, Potter & Anderson, Wilmington, for appellee.

CAREY, Justice, STIFTEL, Judge, and SHORT, Vice-Chancellor, specially assigned, sitting.

CAREY, Justice.

The defendants below have appealed from a declaratory judgment of the Court of Chancery in New Castle County. The facts giving rise to the judgment are fully stated in the opinion of the Chancellor and will not be repeated here. See Delaware Power and Light Co. v. Terry, Del.Ch., 194 A.2d 553. We are satisfied that the Chancellor's decision was correct and it will be affirmed on the basis of his opinion.

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