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MOSKOWITZ v. MAYOR & COUNCIL OF WILMINGTON

391 A.2d 209 (1978)

Philip L. MOSKOWITZ, Trustee, Plaintiff below, Appellant, v. MAYOR AND COUNCIL OF WILMINGTON, now known as the City of Wilmington, Defendant below, Appellee.

Supreme Court of Delaware.

Decided August 14, 1978.

Attorney(s) appearing for the Case

John T. Gallagher, of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiff below, appellant.

Jeffrey S. Goddess, City Sol., and Michael P. Maguire, Wilmington, for defendant below, appellee.

Before HERRMANN, C. J., DUFFY and McNEILLY, JJ.

HERRMANN, Chief Justice:

In this action to recover interest from the City of Wilmington on a refund of excess property taxes paid, the plaintiff appeals from the Superior Court's denial of his motion for summary judgment.

I.

In 1960 and 1961, the plaintiff, after remitting property taxes upon property for which he is the trustee, challenged in an appeal to Superior Court the assessment on the property, which...

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