SMITH v. TOWN OF DEWEY BEACH

Civ. A. Nos. 86-393-JLL, 86-405-JLL.

659 F.Supp. 752 (1987)

William SMITH, as Next Friend of and Guardian of Eric Smith, a minor, and William Smith, Gail Smith, William A. Smith, Colin R. Smith, Janet E. Smith, Jacqueline A. Smith, Individually, Plaintiffs, v. TOWN OF DEWEY BEACH, a municipality, and Director of Parks and Recreation of the State of Delaware, Defendants. Verne WHALEN, as Next Friend of and Guardian of Kevin Whalen, a minor, and Verne Whalen, and Ruth Whalen, and Susan Aldrich, Individually, Plaintiffs, v. TOWN OF BETHANY BEACH, a municipality, and Director of Parks and Recreation, Defendants.

United States District Court, D. Delaware.

May 1, 1987.


Attorney(s) appearing for the Case

Douglas A. Shachtman, Wilmington, Del., and Ronald R. Gilbert, Detroit, Mich., for plaintiffs.

Kevin P. Maloney, Deputy Atty. Gen. of the State of Del., Dover, Del., for defendant Director of Parks and Recreation.

Myron T. Steele of Prickett, Jones, Elliott, Kristol & Schnee, Dover, Del., for defendant Town of Dewey Beach.

Carl Schnee of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Del., for defendant Town of Bethany Beach.


LATCHUM, Senior District Judge.

INTRODUCTION

Currently before the Court are motions by the defendant William J. Hopkins ("Hopkins"), Director of Parks and Recreation for the State of Delaware, to dismiss all claims against him in both of the above captioned actions. This Court has jurisdiction based on 28 U.S.C. § 1332 due to the complete diversity of the parties. The facts of both cases are virtually identical and the same attorneys represent the plaintiffs...

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