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DEPT. OF LABOR EX REL. COMMONS v. GREEN GIANT

394 A.2d 753 (1978)

DEPARTMENT OF LABOR ex rel., Floyd H. COMMONS, Domingo Garcia, Guillermo Muniz, Roy C. Marvel, Elwood D. Starkey, Byron Hurd, Jr., and Robert R. Olliver, Plaintiffs, v. GREEN GIANT COMPANY, a corporation incorporated in the State of Delaware, Defendant.

Superior Court of Delaware, New Castle County.

Decided September 28, 1978.

Attorney(s) appearing for the Case

Gary A. Bryde, Asst. Atty. Gen., Dept. of Justice, Wilmington, for plaintiffs.

Paul P. Welsh and Craig B. Smith of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant.

TAYLOR, Judge.

This suit is brought by the State Department of Labor to recover severance pay on behalf of former employees of defendant whose employment was terminated February 29, 1976. The motion to dismiss rests on two grounds, (1) that the Department of Labor is not authorized by statute to sue for severance pay and (2) that the suit was not timely brought.

I. AUTHORITY OF DEPARTMENT TO SUE

A.

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