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MILLS v. TRANS CARIBBEAN AIRWAYS, INC.

272 A.2d 702 (1971)

James P. MILLS, Jr., Plaintiff Below, Appellant, v. TRANS CARIBBEAN AIRWAYS, INC., Garnishee Below, Appellee.

Supreme Court of Delaware.

Reargument Denied January 12, 1971.

Attorney(s) appearing for the Case

David Roeberg, of Sullivan, Potter & Roeberg, Wilmington, for plaintiff below, appellant.

Bruce M. Stargatt and Edward B. Maxwell, 2nd., of Young, Conaway, Stargatt & Taylor, Wilmington, for garnishee below, appellee.

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

HERRMANN, Justice.

This is an appeal from the decision of the Superior Court declaring unconstitutional the Delaware Foreign Attachment Statute insofar as it permits the pre-judgment garnishment of wages in the hands of an employer, due and owing to a nonresident employee, without prior notice and hearing. See Opinion below at 265 A.2d 39.

The constitutional question is raised by...

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