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STATE v. PENNSYLVANIA RAILROAD COMPANY

244 A.2d 80 (1968)

STATE of Delaware ex rel. David P. BUCKSON, Attorney General, Plaintiff, v. The PENNSYLVANIA RAILROAD COMPANY, a corporation of the Commonwealth of Pennsylvania, whose name has been changed by merger to Pennsylvania New York Central Transportation Company, a corporation of the Commonwealth of Pennsylvania, Defendant.

Superior Court of Delaware, New Castle.

June 21, 1968.

Attorney(s) appearing for the Case

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

James L. Latchum, of Potter Anderson & Corroon, 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") which counterclaimed for judgment in its favor. The controversy is concerned with title and related rights to certain "foreshore," which here is a strip of soil between high and low watermarks on the west side of the Delaware River.

The...

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