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STATE v. PENNSYLVANIA RAILROAD COMPANY

228 A.2d 587 (1967)

STATE of Delaware ex rel. David P. BUCKSON, Attorney General, Plaintiff, v. The PENNSYLVANIA RAILROAD COMPANY, a corporation of the Commonwealth of Pennsylvania, Defendant.

Superior Court of Delaware, New Castle.

February 21, 1967.

Attorney(s) appearing for the Case

David P. Buckson, Atty. Gen., and Ruth M. Ferrell, Deputy Atty. Gen., for plaintiff.

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

DUFFY, Chancellor:1

This is an action for a declaratory judgment by the State of Delaware on the relationship of the Attorney General against The Pennsylvania Railroad Company ("The Pennsylvania"). The Pennsylvania counterclaimed for a judgment in its favor and issue was joined on its motion for summary judgment.

The controversy is over title and related rights to certain "foreshore", which is a strip of soil between high and low...

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