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DIAMOND STATE TEL. CO. v. UNIVERSITY OF DELAWARE

269 A.2d 52 (1970)

The DIAMOND STATE TELEPHONE COMPANY, a Delaware corporation, Third-Party Defendant Below, Appellant, v. The UNIVERSITY OF DELAWARE, Defendant and Third-Party Plaintiff Below, Appellee.

Supreme Court of Delaware.

July 16, 1970.

Attorney(s) appearing for the Case

Hugh L. Corroon, of Potter, Anderson & Corroon, Wilmington, for appellant.

Clement C. Wood, of Allmond & Wood, Wilmington, for appellee.

WOLCOTT, C. J., CAREY, J., and SHORT, Vice Chancellor, sitting.

WOLCOTT, Chief Justice:

This is an appeal by Diamond State Telephone Company (Diamond) from the denial of its motion to dismiss the third-party complaint of University of Delaware (University) on the ground that it fails to state a claim upon which relief can be granted. The third-party complaint of the University seeks indemnity of any amount recovered against it in the main action brought by the widow of a deceased employee...

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