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STIFTEL v. MALARKEY

378 A.2d 133 (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. John E. MALARKEY, Donald Dryden, the State of Delaware and Mary Jornlin, 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.

DECISION AFTER TRIAL.

JUDGMENT FOR DEFENDANTS.

BROWN, Vice Chancellor.

This is an action brought by the eleven judges who comprise the Superior Court of the State of Delaware. The defendants are sued in their official capacities as Secretary of the Department of Finance, State Budget Director and State Treasurer. The suit seeks a mandatory injunction against the defendants requiring them to cause the plaintiff judges to be paid certain cost-of...

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