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ROCK v. DELAWARE ELECTRIC COOPERATIVE, INC.

328 A.2d 449 (1974)

Gerald C. ROCK and Janet M. Rock, his wife, Plaintiffs, v. DELAWARE ELECTRIC COOPERATIVE, INC., a Delaware Corporation, Defendant, v. The STATE of Delaware, Defendant and Third Party Plaintiff, v. W. B. MITTEN & SONS, INC., a Delaware Corporation, Third Party Defendant. Leon G. POWELL, Plaintiff, v. INTERSTATE VENDAWAY, INC., a Delaware Corporation, Defendant and Third Party Plaintiff, v. CHRYSLER CORPORATION, a Delaware Corporation, Third Party Defendant. James B. HARVEY, Plaintiff, v. The CITY OF WILMINGTON et al., Defendants. The CITY OF WILMINGTON, a Municipal Corporation of the State of Delaware, Defendant and Third Party Plaintiff, v. FACCIOLO PAVING AND CONSTRUCTION COMPANY, a Delaware Corporation, Third Party Defendant.

Superior Court of Delaware, Kent and New Castle.

October 31, 1974.

Attorney(s) appearing for the Case

Julius Komissaroff, Howard M. Berg, Berg, Komissaroff & Sawyer, Wilmington, for third party defendants.

William Prickett, Myron T. Steele, Prickett, Ward, Burt & Sanders, Dover, for defendant and third party plaintiff, the State of Delaware.

Alfred M. Isaacs, Flanzer & Isaacs, Wilmington, for defendants and third party plaintiffs, Interstate Vendaway, Inc. and the City of Wilmington.

OPINION

O'HARA, Judge.

The Court has four motions under consideration. Two third party defendants have filed motions to dismiss third party complaints for failure to state claims upon which relief can be granted. One third party defendant has moved for summary judgment. One third party plaintiff has filed a cross motion for summary judgment in its favor with regard to its third party complaint. In their complaints...

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