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LEMBERT v. GILMORE

312 A.2d 335 (1973)

Robert B. LEMBERT and Doris Lembert, his wife, Plaintiffs, v. James F. GILMORE, Jr., Defendant.

Superior Court of Delaware, New Castle.

October 9, 1973.

Attorney(s) appearing for the Case

Brian P. Murphy of Schmittinger & Rodriguez, Wilmington, for plaintiffs.

Thomas Herlihy, III, and John C. S. Frank of Herlihy & Herlihy, Wilmington, for defendant.

OPINION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

TAYLOR, Judge.

On June 5, 1965, defendant, a registered professional surveyor in Pennsylvania, surveyed plaintiffs' property at Willow Grove, Pennsylvania, placing stakes at the property lines of the property. Thereafter, according to plaintiffs, they erected a concrete structure and posts on the property line as indicated by a survey of defendant. In 1970 plaintiffs...

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