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GEORGE & LYNCH, INC. v. STATE

197 A.2d 734 (1964)

GEORGE & LYNCH, INC., a corporation of the State of Delaware, Defendant Below, Appellant, v. The STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

February 10, 1964.

Attorney(s) appearing for the Case

David F. Anderson and Richard L. McMahon, of Berl, Potter & Anderson, Wilmington, for George & Lynch.

Samuel R. Russell, of Herrmann, Bayard, Brill & Russell, Wilmington, for the State.

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

WOLCOTT, Justice.

This is an appeal from an order dismissing a counterclaim on the ground of sovereign immunity.

George & Lynch, Inc., is a general contractor and in the past has entered into contracts with the State Highway Department of the State of Delaware for the construction of roads. Under these contracts George & Lynch was to supply labor and material, and the State was required to pay certain moneys for the labor and material thus supplied...

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