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DEL. STATE TROOPERS LODGE, ETC. v. O'ROURKE

403 A.2d 1109 (1979)

DELAWARE STATE TROOPERS LODGE, FRATERNAL ORDER OF POLICE, LODGE # 6, Plaintiff, v. William O'ROURKE, Secretary of the Department of Public Safety; Col. Norman V. Cochran, Superintendent of State Police of the State of Delaware, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided May 31, 1979.

Attorney(s) appearing for the Case

David R. Hodas of Potter & Carmine, Wilmington, for plaintiff.

Charles M. Gruver, III, Deputy Atty. Gen., Department of Justice, Wilmington, for defendants.

BROWN, Vice Chancellor.

In this action the defendants have moved to dismiss the complaint pursuant to Rule 12(b)(6) for failure to state a claim against them upon which relief can be granted. The defendant O'Rourke is the Secretary of the Department of Public Safety of the State of Delaware and the defendant Cochran is the Superintendent of the Delaware State Police.* They are sued in their official capacities by the Delaware State Troopers...

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