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STATE EX REL. STATE BD., ETC. v. DINEEN

409 A.2d 1256 (1979)

STATE of Delaware EX REL. STATE BOARD OF PENSION TRUSTEES and Ernst Danneman, Ralph Deakyne, and Leonard Bardsley as members of said Board, Petitioners, v. Russell D. F. DINEEN, Respondent, and State of Delaware, Third-Party Plaintiff, New Castle County Board of Education, Third-Party Defendant.

Court of Chancery of Delaware, New Castle County.

Decided November 20, 1979.

Attorney(s) appearing for the Case

William M. Remington, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for petitioners.

Peter M. Sieglaff of Potter, Anderson & Corroon, for respondent.

BROWN, Vice Chancellor.

In this action both the petitioner, the State Board of Pension Trustees (hereafter "the Trustees"), and the respondent, Russell D. F. Dineen, (hereafter "Dineen"), have moved for summary judgment on the issue of whether Dineen was entitled to receive a service pension from the State of Delaware commencing in January 1979. This issue is presented upon a stipulated set of facts. The jurisdiction of...

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