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HAILE v. SUPERIOR COURT OF STATE OF DELAWARE

Civ. A. No. 74-168.

387 F.Supp. 865 (1975)

Vanessa A. HAILE et al., Plaintiffs, v. The SUPERIOR COURT OF the STATE OF DELAWARE, Defendant.

United States District Court, D. Delaware.

January 13, 1975.

Attorney(s) appearing for the Case

James P. D'Angelo and Edward T. Ciconte, Wilmington, Del., for plaintiffs.

Richard S. Gebelein, State Sol., Dept. of Justice, Wilmington, Del., for defendant.

Roger P. Sanders of Prickett, Ward, Burt & Sanders, Wilmington, Del., for amicus curiae.

Before ADAMS, Circuit Judge and STAPLETON and SCHWARTZ, District Judges.

OPINION

STAPLETON, District Judge:

This action attacks the Delaware Guest Statute1 as violative of the Equal Protection Clause of the Fourteenth Amendment. The plaintiffs are alleged to be poor members of minority groups who have been injured in automobile accidents while riding as non-paying passengers in Delaware. The sole defendant, The Superior Court of the State of Delaware, is alleged to be "the designated Delaware Trial...

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