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PHILLIPS v. MAYOR AND COUNCIL OF CITY OF WILMINGTON

212 A.2d 594 (1965)

John H. PHILLIPS, Jr., and Beatrice D. Phillips, His Wife, Plaintiffs-Below, and Delaware Power & Light Company, a Delaware Corporation, Defendant and Third-Party Plaintiff-Below, Appellants, v. The MAYOR AND COUNCIL OF the CITY OF WILMINGTON, a municipal corporation, and Dabson Paving Company, a Delaware Corporation, Defendants and Third-Party Defendants-Below, Appellees. DELAWARE POWER & LIGHT COMPANY, a Delaware Corporation, Defendant and Third-Party Plaintiff-Below, Appellant, v. The MAYOR AND COUNCIL OF the CITY OF WILMINGTON, a municipal corporation, and Dabson Paving Company, a Delaware Corporation, Defendants and Third-Party Defendants-Below, Appellees.

Supreme Court of Delaware.

August 3, 1965.

Attorney(s) appearing for the Case

Clement C. Wood, of Allmond & Wood, Wilmington, for plaintiffs below.

William Prickett and Rodman Ward, Jr., of Prickett & Prickett, Wilmington, for defendant and third-party plaintiff.

Alfred M. Isaacs, of Flanzer & Isaacs, and William F. Taylor, of Young, Conaway, Stargatt & Taylor, Wilmington, for defendants and third-party defendants.

CAREY, J., and MARVEL and SHORT, Vice Chancellors, sitting.

PER CURIAM.

This case, consisting of two appeals from the Superior Court, is presently before us on a motion to strike from the record an opinion filed in the Court below a few days after one of the appeals had been taken.

The plaintiffs (Phillips) originally sued Delaware Power & Light Company (Delaware) alone, on the ground of negligence, Later, Delaware as third-party plaintiff sued The Mayor and Council of...

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