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WILMINGTON MEMORIAL CO. v. SILVERBROOK CEMETERY COMPANY

297 A.2d 378 (1972)

WILMINGTON MEMORIAL CO., a corporation of the State of Delaware, Plaintiff Below, Appellant, v. SILVERBROOK CEMETERY COMPANY, a cemetery corporation of the State of Delaware, and David P. Buckson, Attorney General of the State of Delaware, Defendants Below, Appellees.

Supreme Court of Delaware.

October 18, 1972.

Attorney(s) appearing for the Case

Samuel H. Lewis, Wilmington, and Howard Stern, of Shavick, Stern, Schotz, Steiger & Croland, Paterson, N. J., for plaintiff below, appellant.

Bruce M. Stargatt and Stuart B. Young, of Young, Conaway, Stargatt & Taylor, Wilmington, for Silverbrook Cemetery Company, defendant below, appellee.

Richard S. Gebelein, Deputy Atty. Gen., Wilmington, for Attorney General of Delaware, defendant below, appellee.

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

HERRMANN, Justice:

This is an appeal from a declaratory judgment of the Chancery Court holding that Silverbrook Cemetery Company (hereinafter "Silverbrook") has the implied and incidental power, under its corporate charter, to sell bronze grave markers to purchasers of grave sites on an optional basis.

I.

The careful opinion below, reported at Del.Ch., 287 A.2d 405, contains a statement of the facts to which only...

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