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PHILLIPS v. STATE

282 A.2d 618 (1971)

Emmons B. PHILLIPS et al., Defendants Below, Appellants, v. The STATE of Delaware, upon the Relation of the State Highway Department, Plaintiff Below, Appellee.

Supreme Court of Delaware.

September 16, 1971.

Attorney(s) appearing for the Case

Charles S. Crompton, Jr., of Potter, Anderson & Corroon, Wilmington, for defendants below, appellants.

John T. Gallagher, of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiff below, appellee.

WOLCOTT, C. J., HERRMANN, J., and CHRISTIE, Judge, sitting.

PER CURIAM:

This is an appeal from the Chancellor's Order granting leave to the plaintiff to amend its complaint to assert an additional cause of action premised upon adverse possession.

The appeal must be dismissed because the interlocutory order appealed did not determine a substantial issue and establish a legal right. Pepsico, Inc. v. Pepsi-Cola Bottling Co. of Asbury Park, Del.Supr., 261 A.2d 520 (1969).

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