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DELAWARE RIVER AND BAY AUTHORITY v. CARELLO

222 A.2d 794 (1966)

The DELAWARE RIVER AND BAY AUTHORITY, Plaintiff, v. Frank J. CARELLO, Jr., Tilghman S. Johnson, Wilbert Rawley, Carl J. Scott, and Joseph A. Bradshaw, constituting the Department of Labor and Industrial Relations, and Local Union 313, International Brotherhood of Electrical Workers A.F.L.-C.I.O., an unincorporated association of persons transacting business in Delaware, using a common name and not being an ordinary partnership, Defendants.

Court of Chancery of Delaware, New Castle.

September 13, 1966.

Attorney(s) appearing for the Case

James L. Latchum, of Berl, Potter & Anderson, Wilmington, for plaintiff.

Jacob Kreshtool, Wilmington, for individual defendants.

J. J. Horgan and Harvey B. Rubenstein, Wilmington, for defendant Local Union 313, International Brotherhood of Electrical Workers — A.F.L.-C.I.O.

MARVEL, Vice Chancellor:

Plaintiff is a body politic being a bi-state agency which came into being on October 2, 1962 as the result of a compact entered into between the State of Delaware and the State of New Jersey, the required consent and approval of Congress having been given thereto pursuant to the terms of Article I, Section 10, Clause 3 of the Constitution of the United States.

The individual defendants are the duly appointed and acting members of the...

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