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SHIPYARD DRIVE-IN-THEATRE, INC. v. SCUNCIO

No. 738-A.

268 A.2d 820 (1970)

SHIPYARD DRIVE-IN-THEATRE, INC. et al. v. Joseph C. SCUNCIO et al.

Supreme Court of Rhode Island.

Reargument Denied October 14, 1970.

Attorney(s) appearing for the Case

Richard Skolnik, Providence, for plaintiffs.

Robert McOsker, City Sol., Vincent Piccirilli, Asst. City Sol., Providence, for defendants.

OPINION

POWERS, Justice.

This civil action was commenced by the filing of a complaint in the Superior Court as authorized by Super. R. Civ. P. 3. It was heard by a Superior Court justice who concluded that, although by the first prayer which called for injunctive relief the complaint was in the nature of a bill in equity, plaintiffs, when all other prayers were considered, were actually seeking a declaratory judgment as authorized by P.L. 1959, chap. 90...

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