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STATE ex rel. BATTAGLIA v. DELAWARE DEPT. OF EL., N. C. CTY.

344 A.2d 225 (1975)

STATE ex rel. Basil R. BATTAGLIA, Plaintiff below, Appellant, v. The DELAWARE DEPARTMENT OF ELECTIONS, FOR NEW CASTLE COUNTY, et al., Defendants below, Appellees. The DELAWARE DEPARTMENT OF ELECTIONS, FOR NEW CASTLE COUNTY, et al., Defendants below, Cross-Appellant, v. STATE ex rel. Basil R. BATTAGLIA, Plaintiff below, Cross-Appellee.

Supreme Court of Delaware.

Decided August 12, 1975.

Opinion September 10, 1975.

Attorney(s) appearing for the Case

Joseph S. Yucht, of Balick & Yucht, and Lester J. Taufen, of Taufen & Brewster, Wilmington, for plaintiff below, appellant.

Charles Snyderman, Deputy Atty. Gen., Wilmington, for defendant below, appellee and cross-appellant, the Delaware Department of Elections for New Castle County.

Sidney Balick and William E. Wright, of Aerenson & Balick, Wilmington, for intervenor on appeal, Speaker of the House Casimir S. Jonkiert.

Before HERRMANN, Chief Justice, DUFFY and McNEILLY, Justices.

HERRMANN, Chief Justice.

This is an appeal from the denial by the Superior Court of a writ of prohibition sought by the plaintiff to prevent the holding of a special election on the date set. The determinative question is whether the Speaker of the House of Representatives had the legal authority to issue a writ of election under the circumstances.

On July 28, 1975, pursuant to proclamation of the Governor, the General Assembly was recalled into session for...

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