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WILSON CONTRACTING CO. v. STATE

243 A.2d 65 (1965)

WILSON CONTRACTING CO., Inc. v. The STATE of Delaware et al. STATE of Delaware v. WILSON CONTRACTING CO., Inc., et al.

Superior Court of Delaware, New Castle.

October 7, 1965.

Attorney(s) appearing for the Case

Samuel Russell, of Bayard, Brill, Russell & Handelman, Wilmington, S. Samuel Arsht, David Drexler, of Morris, Nichols, Arsht & Tunnell, Wilmington, for the State.

C. Edward Duffy and Murray Schwartz, Wilmington, for Wilson Contracting Co., Inc.

OPINION

CHRISTIE, Judge.

Wilson Contracting Co. (Wilson) brought suit on May 22, 1963, in Civil Action No. 248. The State of Delaware (State) commenced its action, Civil Action No. 423, on August 30, 1963. The counterclaims by Wilson in that latter action were nearly identical with its main claims in Civil Action No. 248 and on May 12, 1964, the cases were consolidated. Cross motions for summary judgment have been filed.

The claims and counterclaims...

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