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STATE EX REL. STABLER v. WHITTINGTON

290 A.2d 659 (1972)

STATE of Delaware, upon the relation of W. Laird STABLER, Jr., Attorney General of the State of Delaware, Relator, v. Arthur E. WHITTINGTON, Jr., et al., Respondents.

Superior Court of Delaware, New Castle.

March 30, 1972.

Attorney(s) appearing for the Case

Peter M. Sieglaff, Deputy Atty. Gen., for the State.

Samuel R. Russell, Wilmington, Court appointed amicus curiae.

OPINION

CHRISTIE, Judge.

This is a quo warranto proceeding brought by the Attorney General seeking to remove the respondents from their respective public offices in the town of Odessa. The pertinent facts have been stipulated to and cross motions for summary judgment have been filed. The general issue before the Court is whether or not the election pursuant to which respondents assumed office should be set...

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