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PALIVODA v. BRUETTE

250 A.2d 808 (1969)

Edward J. PALIVODA and Genevieve K. Palivoda, his wife, Plaintiffs, v. Russell L. BRUETTE and Audrienne Bruette, his wife, Defendants and Third-Party Plaintiffs, v. Marvin S. SMITH, Third-Party Defendant.

Superior Court of Delaware, New Castle.

January 20, 1969.

Attorney(s) appearing for the Case

David A. Eastburn, Edmund J. Bodziak, Wilmington, for Palivoda.

Robert V. Huber, Wilmington, for Bruette.

Rodman Ward, Jr., Prickett, Ward, Burt & Sanders, Wilmington, for Smith.

OPINION

O'HORA, Judge.

Plaintiffs seek compensatory and punitive damages from defendants Bruette for an alleged encroachment by the Bruettes on the plaintiffs' property.

The plaintiffs and the Bruettes own adjoining land fronting on Kirkwood Highway in New Castle County, Delaware. The Bruettes own and operate a paint store located on their property. In 1964 the Bruettes, with a view to expanding and enlarging...

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