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STATE EX REL. DEPT. OF TRANSP. v. PENN CENTRAL

445 A.2d 939 (1982)

The STATE of Delaware, Upon the Relation of the DEPARTMENT OF TRANSPORTATION, Plaintiff, v. The PENN CENTRAL CORPORATION, a corporation of the Commonwealth of Pennsylvania, et al., and Unknown Others, Defendants.

Superior Court of Delaware, Sussex County.

Decided March 31, 1982.

Attorney(s) appearing for the Case

Aubrey B. Lank, William S. Gee (argued), and David Lank (argued), of Theisen, Lank, Mulford & Goldberg, Wilmington, for the State of Delaware.

Eduard F. vonWettberg, III, and Edward M. McNally (argued), of Morris, James, Hitchens & Williams, Wilmington, for the Penn Central Corp. and Philadelphia, B. & W. R. R.

TAYLOR, Judge.

This is an action by the State of Delaware upon the relation of the Department of Transportation [plaintiff] against Penn Central Corporation [Penn Central] and approximately 350 individual defendants to acquire by eminent domain the fee simple absolute title to a strip of land together with rails, ties, ballasts and bridges running approximately 16.1 miles from Georgetown, Delaware to Lewes Beach, Delaware which has been used for a railroad line. The...

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