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STATE v. LILLARD

521 A.2d 1110 (1986)

STATE of Delaware, et al., Plaintiffs, v. Dora Marie LILLARD, et al., Defendants. STATE of Delaware, Colonial School District and Red Clay School District, Plaintiffs, v. Madelyn P. KOPEC and Carol A. Reed, Defendants.

Superior Court of Delaware, New Castle County.

Decided: November 12, 1986.

Attorney(s) appearing for the Case

Regina M. Mullen, and Susan Kirk-Ryan, Deputy Attys. Gen., for State of Delaware.

John J. Schmittinger, and Philip E. Herrmann of Schmittinger and Rodriguez, Dover, for Dora Marie Lillard and Nancy McKinnon.

David H. Williams, and Francis J. Jones, Jr. of Morris, James, Hitchens & Williams, Wilmington, for Colonial School District and Red Clay Consolidated School District.

Harvey B. Rubenstein, Wilmington, for Madelyn P. Kopec.

Thomas S. Neuberger, Wilmington, for Carol A. Reed.

BABIARZ, Judge.

These declaratory judgment actions have been consolidated for decision on cross motion for summary judgment. Each involves the question of the right of State employees to continue to receive supplemental compensation payments pursuant to 29 Del.C. § 5933.

The facts are easily told and not disputed. Defendants Lillard and McKinnon were both employed by the Department of Health and Social...

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