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PENCADER ASSOCIATES, INC. v. GLASGOW TRUST

446 A.2d 1097 (1982)

PENCADER ASSOCIATES, INC., a Delaware corporation, Plaintiff Below, Appellant/Cross Appellee, v. GLASGOW TRUST and James P. Brennan, Trustee under a certain trust known as the "Glasgow Trust," Defendants Below, Appellees/Cross Appellants.

Supreme Court of Delaware.

Decided June 8, 1982.

Attorney(s) appearing for the Case

Steven Goldstein (argued) and Louis Goldstein, Wilmington, for plaintiff below, appellant/cross appellee.

John H. Benge, Jr. (argued), Allmond, Eastburn & Benge, Wilmington, for defendants below, appellees/cross appellants.

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

HERRMANN, Chief Justice:

Pencader Associates, Inc. (hereinafter Pencader) sought imposition by the Court of Chancery of an easement or way-of-necessity over land owned by Glasgow Trust. Glasgow Trust moved to dismiss, arguing that the Court of Chancery lacked subject matter jurisdiction; it also moved for sanctions against Pencader for failure to comply with the rules of discovery. Both parties moved for summary judgment...

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