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DINER FOODS, INC. v. CITY OF DOVER

229 A.2d 495 (1967)

DINER FOODS, INC., a Delaware corporation, Plaintiff Below, Appellant, v. CITY OF DOVER, a Delaware municipal corporation, Defendant Below, Appellee.

Supreme Court of Delaware.

April 20, 1967.

Attorney(s) appearing for the Case

Bruce M. Stargatt and Ben T. Castle, of Young, Conaway, Stargatt & Taylor, Wilmington, for appellant.

David P. Buckson and William S. Hudson, Dover, for appellee.

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

WOLCOTT, Chief Justice.

This is an appeal from an order of the Court of Chancery dismissing the action on the ground that it had not been brought by the real party in interest as required by Rule 17(a), Del.C.Ann.

In 1954 Diner Foods contracted with the City of Dover. Diner Foods obligated itself to install and dedicate to Dover a water main. Dover, in turn, obligated itself to collect and pay over to Diner Foods...

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