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GEBHART v. ERNEST DiSABATINO & SONS, INC.

264 A.2d 157 (1970)

Evelyn M. GEBHART and Evan T. Gebhart, her husband, Plaintiffs Below, Appellants, v. ERNEST DISABATINO & SONS, INC., a corporation of the State of Delaware; E. F. Higgins Company, Inc., a corporation of the State of Delaware; and George E. Pope, Albert Kruse and John F. McCune, III, t/a Pope, Kruse & McCune, a partnership, Defendants Below, Appellees.

Supreme Court of Delaware.

Petition for Reargument Denied March 6, 1970.

Attorney(s) appearing for the Case

Stanley T. Czajkowski and Michael P. Maguire, Wilmington, and Charles A. Lord, Philadelphia, Pa., for plaintiffs below, appellants.

William Prickett of Prickett, Ward, Burt & Sanders, Wilmington, for E. F. Higgins Company, Inc., defendants below, appellees.

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

HERRMANN, Justice.

This appeal brings up the propriety of the dismissal with prejudice of the plaintiffs' case by the Superior Court for noncompliance by plaintiffs' attorneys with Court Rules and pre-trial orders.

I.

These are the relevant facts:

The plaintiff, Mrs. Evelyn Gebhart, was a school nurse. A fire broke out in the boiler room of the school, resulting in damage to the electrical system of the building. The damage was repaired by...

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