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WINKLER v. BALENTINE

254 A.2d 849 (1969)

Henry J. WINKLER, Third Party Defendant Below, Appellant, v. Joseph P. BALENTINE, Third Party Plaintiff Below, Appellee.

Supreme Court of Delaware.

May 26, 1969.

Attorney(s) appearing for the Case

Robert B. Walls, Jr., Wilmington, for third party defendant below, appellant.

Roger Sanders and Wayne N. Elliott, of Prickett, Ward, Burt & Sanders, Wilmington, for third party plaintiff below, appellee.

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

HERRMANN, Justice:

This appeal arises from an automobile negligence case in which the third party defendant claims collateral estoppel as a defense against the claim for contribution made by the third party plaintiff. The question for decision is whether the doctrine of collateral estoppel applies.

The two automobiles involved in the accident were operated by Henry J. Winkler and Joseph P. Balentine. Lawrence P. Maucher and James E. Welch were passengers in...

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