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CHESWOLD VOLUNTEER FIRE v. LAMBERTSON CONST.

462 A.2d 416 (1983)

CHESWOLD VOLUNTEER FIRE CO., a Delaware corporation, Plaintiff, v. LAMBERTSON CONSTRUCTION COMPANY, a Delaware corporation, C.C. Oliphant & Son, Inc., a Delaware corporation, Defendants.

Superior Court of Delaware, Kent County.

Decided: May 17, 1983.

Attorney(s) appearing for the Case

Myron T. Steele and John Williams, Prickett, Jones, Elliott, Kristol & Schnee, Dover, for plaintiff.

George F. Gardner, III and William J. DiMondi, Morris, Nichols, Arsht & Tunnell, Dover, for defendant Lambertson Const. Co.

CHRISTIE, Justice:*

Defendants have filed a motion to dismiss plaintiff's complaint pursuant to Superior Court Civil Rule 12(b)(6), asserting the bar of the limitation period found in 10 Del.C. § 8127.1 Plaintiff, Cheswold Volunteer Fire Co., responds that that statute of limitations violates state and federal...

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