WILMINGTON TRUST CO. v. PHOENIX STEEL CORP.


273 A.2d 266 (1971)

WILMINGTON TRUST COMPANY, a corporation of the State of Delaware, Defendant below, Appellant, v. PHOENIX STEEL CORPORATION, a corporation of the State of Delaware, and the Continental Insurance Company, a corporation of the State of New York, Plaintiffs below, Appellees.

Supreme Court of Delaware.

January 11, 1971.


Attorney(s) appearing for the Case

Rodney M. Layton and Martin I. Lubaroff, of Richards, Layton & Finger, Wilmington, for defendant below, appellant.

Robert G. Carey, of Prickett, Ward, Burt & Sanders, Wilmington, for plaintiffs below, appellees.

CAREY and HERRMANN, JJ., and SHORT, Vice Chancellor, sitting.


SHORT, Vice Chancellor:

This is an appeal by Wilmington Trust Company (Bank), defendant below, appellant, from an order of the Superior Court denying Bank's motion for summary judgment.

Appellees have moved to dismiss the appeal on the ground that the interlocutory order of the trial court established no legal right and it is, therefore, not appealable. Since our view is to the contrary, as will hereinafter appear...

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