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CITY OF WILMINGTON v. DELAWARE COACH COMPANY

230 A.2d 762 (1967)

The CITY OF WILMINGTON, a municipal corporation of the State of Delaware, Plaintiff, v. DELAWARE COACH COMPANY, a corporation of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle.

May 4, 1967.

Attorney(s) appearing for the Case

Stephen B. Potter, Asst. City Sol., and O. Francis Biondi, City Sol., for City of Wilmington, plaintiff.

Frank O'Donnell and Stanley C. Lowicki, of O'Donnell, Hughes & Lowicki, Wilmington, for defendant.

DUFFY, Chancellor:

This is a suit brought under the Declaratory Judgment Act by The City of Wilmington against Delaware Coach Company. In brief, the City asks for a declaration by the Court that the Coach Company breached its contract by failing to provide adequate and continuous public transportation and that the City had the right to terminate that contract.1

Delaware Coach moved under Rule 12 (b) (1), Del.C.Ann. to dismiss the...

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