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RESTAURANTS, INC. v. CITY OF WILMINGTON

274 A.2d 137 (1971)

RESTAURANTS, INC., a Delaware corporation, Defendant Below, Appellant, v. The CITY OF WILMINGTON, a municipal corporation of the State of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

January 21, 1971.

Attorney(s) appearing for the Case

William D. Bailey, Jr., of Bayard, Brill & Handelman, Wilmington, for defendant below, appellant.

Victor J. Colombo, Asst. City Sol., for plaintiff below, appellee.

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

MARVEL, Vice Chancellor:

The City of Wilmington having condemned property at 1620 King Street under authority of the provisions of § 1-101 of the Code of Wilmington and Title 10 Del.C. §§ 6101 and 6102 for the purpose of establishing a firehouse on such site, the lessee of the premises, Restaurants, Inc., the defendant and appellant in this action, and the owners of the premises negotiated a partial settlement with the City concerning the value of the...

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