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APARTMENT COMMUNITIES CORP. v. STATE

422 A.2d 342 (1980)

APARTMENT COMMUNITIES CORP., Defendant Below, Appellant, v. The STATE of Delaware Upon the Relation of the Secretary of the Department of Transportation, Plaintiff Below, Appellee. Frank E. ACIERNO, Defendant Below, Appellant, v. The STATE of Delaware Upon the Relation of the Secretary of the Department of Transportation, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided October 7, 1980.

Attorney(s) appearing for the Case

John E. Babiarz, Jr. (argued) of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant-appellant Apartment Communities Corp.

James A. Erisman (argued) of Conner, Daley, Erisman & vanOgtrop, Wilmington, for defendant-appellant Frank E. Acierno.

John G. Mulford (argued) of Theisen, Lank, Mulford & Goldberg, Wilmington, for plaintiff-appellee.

Before HERRMANN, C. J., and QUILLEN and HORSEY, JJ.

PER CURIAM:

Apartment Communities Corp. (ACC) and Frank E. Acierno have brought separate appeals from separate decisions in a single Court of Chancery case. Acierno is president and sole shareholder of ACC. Because of this relationship and identical underlying facts in each matter, we have consolidated the two appeals for decision in this single opinion.

The plaintiff is the State of Delaware on behalf of the Department of Transportation. On December 7, 1973...

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