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NATHAN v. MARTIN

317 A.2d 110 (1974)

Andree NATHAN, Petitioner, v. Edward E. MARTIN, Commissioner of License and Inspection, Respondent, and Facciolo Construction Company, Intervenor.

Superior Court of Delaware, New Castle.

March 22, 1974.

Attorney(s) appearing for the Case

Daniel A. Durkin, of Murdoch, Longobardi, Schwartz & Walsh, Wilmington, and Paul P. Welsh, of Morris, Nichols, Arsht & Tunnell, Wilmington, for petitioner.

Michael P. Maguire, Wilmington, for respondent.

John E. Babiarz, Jr., and Samuel J. Frabizzio, of Biondi & Babiarz, Wilmington, for intervenor.

TAYLOR, Judge.

Petitioner seeks a writ of mandamus to compel respondent Edward Martin, Commissioner of License and Inspection of the City of Wilmington [Commissioner] to cancel building permits issued for the construction of an apartment building to be located at 25th and Broom Streets, Wilmington, Delaware, and to order the work stopped. The builder-owner, Facciolo Construction Company [Facciolo] has intervened.

Commencing in 1969, Facciolo had taken certain...

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