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DEPT. OF COMMUNITY AFFAIRS v. M. DAVIS & SONS

412 A.2d 939 (1980)

DEPARTMENT OF COMMUNITY AFFAIRS AND ECONOMIC DEVELOPMENT of the State of Delaware, Defendant Below, Appellant, v. M. DAVIS & SONS, INC., a Delaware Corporation, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided February 12, 1980.

Attorney(s) appearing for the Case

Peter J. Nolan, Dover, and Marvin Forman, Deputy Atty. Gen., Wilmington, for defendant below, appellant.

John Edward Lindros of David Nicol Williams, Wilmington, for plaintiff below, appellee.

Before DUFFY, McNEILLY and QUILLEN, JJ.

McNEILLY, Justice:

This is an appeal from the Superior Court's grant of summary judgment in favor of the plaintiff in its action to assert a mechanic's lien against a fee interest of the State of Delaware in certain real property owned of record by the Department of Community Affairs and Economic Development.

I

The Department, in an effort to alleviate conditions of cyclical employment,

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