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CASE v. CITY OF WILMINGTON

260 A.2d 703 (1969)

James H. CASE, Plaintiff Below, Appellant, v. CITY OF WILMINGTON, Defendant Below, Appellee.

Supreme Court of Delaware.

December 5, 1969.

Attorney(s) appearing for the Case

Harvey B. Rubenstein, Wilmington, for appellant.

Carl Goldstein, Asst. City Solicitor, Wilmington, for appellee.

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

PER CURIAM:

This is an appeal from an affirmance by the Superior Court of a refusal by the Industrial Accident Board to assess a counsel fee against a medical witness fee taxed against the employer.

By 19 Del.C. § 2127(a) the Board is directed to allow a fee to claimant's attorney in an amount not to exceed 30% of the award or $2,250.00, whichever is smaller. Appellant contends before us that a $100.00 medical witness fee is part of the award for the...

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