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GRACELAWN MEMORIAL PARK, INC. v. STATE

424 A.2d 36 (1980)

GRACELAWN MEMORIAL PARK, INC., a Delaware Corporation, Plaintiff, v. The STATE of Delaware; Richard S. Gebelein, as Attorney General of the State of Delaware; and John E. Malarkey, as State Bank Commissioner of the State of Delaware, Defendants.

Superior Court of Delaware, New Castle County.

Decided November 26, 1980.

Attorney(s) appearing for the Case

David C. McBride (argued) of Young, Conaway, Stargatt & Taylor, Wilmington, for plaintiff.

Edward Kafader, Deputy Atty. Gen., Dept. of Justice, Wilmington, for defendants.

O'HARA, Judge.

This action was instituted by Gracelawn Memorial Park, Inc. ("Gracelawn"), wherein Gracelawn seeks a declaratory judgment that Gracelawn's sales of "burial vaults" to the public are not "preneed sales" and thus, not governed by the regulatory scheme of 24 Del.C., Ch. 31, Sub-chapter II. In the alternative, Gracelawn contends that the application of the statute to the sales in question would violate the...

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