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WHARTON v. EVERETT

238 A.2d 839 (1968)

Marie K. WHARTON, Plaintiff Below, Appellant. v. Belle S. EVERETT, as State Treasurer and Pension Administrator of the State of Delaware, Defendant Below, Appellee.

Supreme Court of Delaware.

February 5, 1968.

Attorney(s) appearing for the Case

Harold Schmittinger, of Schmittinger & Rodriguez, Dover, for plaintiff below, appellant.

Henry R. Horsey, Asst. Deputy Atty. Gen., Dover, for defendant below, appellee.

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

HERRMANN, Justice:

The question raised on this appeal is whether a member of the Industrial Accident Board was an "employee" of the State, "covered" by the Delaware State Employees' Pension Act, at the time of his death.

The plaintiff is the widow of Dauphin D. Wharton. She brought this action for mandamus to compel the defendant, as State Treasurer and State Pension Administrator, to pay her the benefits provided for a surviving spouse by the Delaware State...

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