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PIPKIN v. DEPARTMENT OF HIGHWAYS & TRANSPORTATION

316 A.2d 236 (1974)

Deborah Ann PIPKIN, by her guardian ad litem, Edna H. Pipkin (Third-party plaintiff), v. DEPARTMENT OF HIGHWAYS AND TRANSPORTATION of the State of Delaware (Third-party defendant).

Superior Court of Delaware, New Castle.

January 28, 1974.

Attorney(s) appearing for the Case

Morton Richard Kimmel, of Kimmel & Spiller, Wilmington, for third-party plaintiff.

Johanna D. Drooz Yoffie, Deputy Atty. Gen., for third-party defendant.

OPINION

CHRISTIE, Judge.

This is a third-party action brought against the Department of Highways and Transportation of the State of Delaware by Deborah Ann Pipkin, one of two defendants named in a negligence action arising out of an automobile accident which occurred on September 11, 1971. The State Highway Department has moved pursuant to Rule 12(b)(6) to dismiss the third-party complaint for failure to state a claim upon which relief may be granted.

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