CITY OF DOVER v. J. A. JONES CONST. CO.


377 A.2d 1 (1977)

CITY OF DOVER, a Municipal Corporation of the State of Delaware, Defendant-Third-Party Plaintiff-below, Appellant, v. J. A. JONES CONSTRUCTION COMPANY, a Delaware Corporation as successor by merger to Livsey & Company, Inc., a Georgia Corporation, and J. A. Jones Construction Company, a Delaware Corporation in its own right, Plaintiff-below, Appellee, v. GENERAL ELECTRIC COMPANY, a New York Corporation, Fischer & Porter of Warminster, Pennsylvania, a Pennsylvania Corporation, Westinghouse Electric Corporation, a Pennsylvania Corporation, and Riley Stoker Corporation, a Massachusetts Corporation, Laramore, Douglass & Popham of New York, Inc., a New York Corporation, Frank Electric Corporation, a Pennsylvania Corporation, Federal Insurance Company, a New York Corporation, United Pacific Insurance Company, a Washington Corporation, and Employers Commercial Union Insurance Company, a Massachusetts Corporation, Third-Party Defendants, below. CHAS. E. BROHAWN & BROS., INC., a Maryland Corporation, Third-Party Defendant-Fourth-Party Plaintiff, below, v. GEORGE CONCRETE CO., a Delaware Corporation, Fourth-Party Defendant, below.

Supreme Court of Delaware.

Decided July 14, 1977.


Attorney(s) appearing for the Case

Nicholas H. Rodriguez and William D. Fletcher, Jr. of Schmittinger & Rodriguez, Wilmington, for defendant below, appellant.

Walter L. Pepperman, II, of Morris, Nichols, Arsht & Tunnell, Wilmington, and C. Richard Rayburn, Jr., of Fleming, Robinson & Bradshaw, Charlotte, N. C., of counsel, for plaintiff below, appellee.

Before MARVEL, Chancellor, WRIGHT, Judge and HARTNETT, Vice Chancellor.


PER CURIAM.

Plaintiff below and appellee here, J. A. Jones Construction Company, has moved under Rule 19 of this Court for the dismissal of this interlocutory appeal by the City of Dover, the defendant below, from an order of the Superior Court, dated February 28, 1977, which denied such party's motion for summary judgment of dismissal of plaintiff's complaint.

The ground on which the Court below denied defendant's...

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