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CERASOLI v. SCHNEIDER

311 A.2d 880 (1973)

Franklin A. CERASOLI, Plaintiff, v. Francis J. SCHNEIDER, Jr., Defendant.

Superior Court of Delaware, New Castle.

May 7, 1973.

Attorney(s) appearing for the Case

Francis J. Trzuskowski of Connolly, Bove & Lodge, Wilmington, for plaintiff.

David Roeberg of Sullivan, Potter & Roeberg, Wilmington, for defendant.

OPINION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

TAYLOR, Judge.

Franklin A. Cerasoli [Cerasoli] brought this action against Francis J. Schneider, Jr. [Schneider] under 6 Del.C. § 2304 to recover three times the amount of allegedly unlawful interest paid by Cerasoli to Schneider on August 6, 1971. Schneider denies that the payment was for debt or interest, but asserts that the payment was in consideration...

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