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STATE v. PHILLIPS

305 A.2d 644 (1973)

The STATE of Delaware, upon the Relation of the State Highway Department, Plaintiff, v. Emmons B. PHILLIPS et al., Defendants.

Court of Chancery of Delaware, Sussex.

Reargument Denied April 19, 1973.

Attorney(s) appearing for the Case

S. Samuel Arsht and John T. Gallagher, of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiff.

Blaine T. Phillips, of Potter Anderson & Corroon, Wilmington, for defendants.

DUFFY, Chancellor:

This action involves claims to title of certain ocean-fronting property south of Rehoboth in Sussex County. This is the decision on defendants' motion for summary judgment.1

A.

Emmons B. and Mae T. Phillips (husband and wife) and Blaine T. and Janet Cozart Phillips (husband and wife), defendants, claim title and the right to possess some thirteen acres which front on the Atlantic Ocean. Defendants allege...

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