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STIFTEL v. CARPER

378 A.2d 124 (1977)

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, v. Thomas R. CARPER, Weston E. Nellius, W. Spencer Thompson, Ernst Danneman, Russell Dineen, Ralph V. Deakyne, Don Dryden, Ronald Lankford and Frederick D. Thomas, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided July 22, 1977.

Attorney(s) appearing for the Case

Victor F. Battaglia and Samuel R. Russell of Biggs & Battaglia, Wilmington, for plaintiffs.

Regina M. Small, Deputy Atty. Gen., Dept. of Justice, Wilmington, for defendants.

ON CROSS MOTIONS FOR SUMMARY JUDGMENT. JUDGMENT FOR PLAINTIFFS. MOTION OF DEFENDANTS DENIED.

BROWN, Vice Chancellor.

This is an action brought by the eleven judges who constitute the Superior Court of the State of Delaware, a court which exists by virtue of Article IV, § 1 of the Delaware Constitution of 1897. The defendants are sued in their respective capacities as State Treasurer, Secretary of Finance and members of the State Board of Pension...

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