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RAUGHLEY v. DEPARTMENT OF HEALTH & SOCIAL SERV.

274 A.2d 702 (1971)

Lucy RAUGHLEY, Plaintiff, v. DEPARTMENT OF HEALTH AND SOCIAL SERVICES, an agency of the State of Delaware, Defendant. PENN CENTRAL TRANSPORTATION COMPANY, Defendant and Third-Party Plaintiff, v. Keith JENKINS, Third-Party Defendant.

Superior Court of Delaware, New Castle.

February 1, 1971.

Attorney(s) appearing for the Case

Morton R. Kimmel, Wilmington, for plaintiff.

Ruth M. Ferrell, Wilmington, for the State.

Robert K. Payson, Wilmington, for Penn Central Transportation Co.

Henry A. Wise, Wilmington, for Keith Jenkins.

QUILLEN, Judge.

The issue before the Court is the motion by the State to dismiss the complaint and cross-claim against it. The State has raised the defense of sovereign immunity to suit. It is agreed that sovereign immunity to suit is a constitutional defense unless waived. Article 1, § 9, Constitution of Delaware.

The facts which give rise to the case are that on April 28, 1970, plaintiff's husband, a conductor for the railroad, was shot and killed,...

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