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WALLS v. ABDEL-MALIK

440 A.2d 992 (1982)

William Arthur WALLS and Vicki S. Walls, Plaintiffs Below, Appellants, v. Wasseem A. ABDEL-MALIK, Defendant and Third-Party Plaintiff Below, Appellee, v. Carl DiROCCO, Third-Party Defendant Below, Appellee.

Supreme Court of Delaware.

Decided January 14, 1982.

Attorney(s) appearing for the Case

Paul S. Swierzbinski (argued), Wilmington, and Garry Greenstein of Knecht, Greenstein, Schagrin & Berkowitz, Wilmington, for plaintiffs below, appellants.

Robert P. Lobue (argued), Howard M. Berg and Joseph E. Funk of Howard M. Berg & Associates, Wilmington, for defendant and third-party plaintiff below, appellee.

Morton R. Kimmel of Kimmel & Spiller, P.A., Wilmington, for third-party defendant below, appellee.

Before DUFFY, McNEILLY and QUILLEN, JJ.

QUILLEN, Justice:

This case is an appeal from an order of the Superior Court granting the defendant's motion for summary judgment in a personal injury action on the basis of the statute of limitations. 10 Del.C. § 8119. The chief issue raised by the parties is whether a plaintiff must treat a defendant who has intentionally misrepresented himself as being an out-of-state resident, when he is actually an in-state...

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