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HOPKINS v. CHESAPEAKE UTILITIES CORPORATION

290 A.2d 4 (1972)

John W. HOPKINS and Joseph Martinowski, Plaintiffs, v. CHESAPEAKE UTILITIES CORPORATION, a Delaware corporation, Defendant and Third-Party Plaintiff, v. TEAL CONSTRUCTION, INC., a Delaware corporation, and Chesapeake and Potomac Telephone Company of Maryland, a corporation of the State of Maryland, Third-Party Defendants.

Superior Court of Delaware, New Castle.

February 28, 1972.

Attorney(s) appearing for the Case

Julius Komissaroff, William J. Taylor, III, Berg, Taylor & Komissaroff, Wilmington, for plaintiffs.

John J. Schmittinger, Schmittinger & Rodriguez, Dover, for defendant and third-party plaintiff.

OPINION

O'HARA, Judge.

This is a negligence action arising out of personal injuries sustained by John W. Hopkins and Joseph Martinowski, ("plaintiffs"), in a flash fire that occurred in a manhole of the Chesapeake and Potomac Telephone Company of Maryland. The Chesapeake Utilities Corporation ("defendant") has moved to dismiss plaintiffs' allegations for failure to state a claim upon which relief may be granted, or in the alternative, for a more definite...

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