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CARPER v. STIFTEL

384 A.2d 2 (1977)

Thomas R. CARPER, Weston E. Nellius, W. Spencer Thompson, Ernst Dannemann, Russell Dineen, Ralph Deakyne, Ronald R. Mosher, Frederick Van Sant, Frederick D. Thomas, Defendants below, Appellants, v. Albert J. STIFTEL, Andrew D. Christie, George R. Wright, Robert C. O'Hara, Vincent A. Bifferato, Clarence W. Taylor, Joseph T. Walsh, Claud L. Tease, William G. Bush, III, Bernard Balick, and Joseph J. Longobardi, Plaintiffs below, Appellees.

Supreme Court of Delaware.

Decided December 28, 1977.

Attorney(s) appearing for the Case

Regina M. Small, Deputy Atty. Gen., Wilmington, for defendants-appellants.

Victor F. Battaglia of Biggs & Battaglia, Wilmington, for plaintiffs-appellees.

Before TUNNELL, QUILLEN and STOREY, Justices Ad Litem.

QUILLEN, Justice Ad Litem, for the majority:

This is a declaratory and injunctive action brought by plaintiffs, members of the Bench of the Superior Court of the State of Delaware, against certain State officials who are sued in their official capacities.1 Plaintiffs allege that 60 Del.Laws ch. 649, (hereinafter "the 1976 Amendment") which amended the State Judiciary Pension Act (29 Del...

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