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JULIAN v. STATE

440 A.2d 990 (1982)

James JULIAN and Rose Julian; 76,229.67 Square Feet of Land, more or less, etc., and Unknown Owners, Defendants Below, Appellants, v. The STATE of Delaware, Upon the Relation of the SECRETARY OF the DEPARTMENT OF TRANSPORTATION, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided January 14, 1982.

Attorney(s) appearing for the Case

John Van Brunt, Jr. (argued), Wilmington, for defendants-appellants.

David S. Lank (argued) and Aubrey B. Lank of Theisen, Lank, Mulford & Goldberg, P. A., Wilmington, for plaintiffs-appellees.

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

PER CURIAM:

This appeal was filed on September 21, 1981 from an order of the Superior Court included in a letter opinion dated September 1, 1981.

The opening brief of the appellants describes the nature and stage of the proceeding in the following language:

"This is an appeal from an Order of the Superior Court granting the State's Motion to Dismiss and Strike certain affirmative defenses interposed in Defendant's Answer in a condemnation action pursuant...

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