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STATE EX REL. GEBELEIN v. KILLEN

454 A.2d 737 (1982)

STATE of Delaware, ex rel., Richard S. GEBELEIN, Attorney General, Plaintiff Below, Appellant and Frank DiMondi, Relator Below, Appellant, v. Ernest E. KILLEN, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: December 20, 1982.

Attorney(s) appearing for the Case

E. Norman Veasey (argued), William J. Wade and Richard D. Kirk, of Richards, Layton & Finger, Wilmington, for plaintiff and relator, appellants.

Bruce M. Stargatt (argued), and C. Vincent Scheel, of Young, Conaway, Stargatt & Taylor, Wilmington, for defendant, appellee.

Before McNEILLY, QUILLEN, HORSEY and MOORE, JJ., and BROWN, Chancellor, constituting the Court En Banc.

QUILLEN, Justice (for the majority):

I. Stage of Proceedings

This action was commenced by Attorney General Richard S. Gebelein ("Plaintiff"), on the relation of Frank DiMondi ("Relator"), filing an Information in the Nature of Writ of Quo Warranto in the Superior Court. The Superior Court issued a Rule To Show Cause to Ernest E. Killen ("Defendant"), commanding him to respond to the Information. Defendant...

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