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BANK OF DELAWARE v. CLAYMONT FIRE CO. 1

No. 379, 1986.

528 A.2d 1196 (1987)

BANK OF DELAWARE, a Corporation of the State of Delaware, Trustee Under the Last Will and Testament of Albert T. Hanby, Deceased, Plaintiff Below, Appellant, v. CLAYMONT FIRE COMPANY NO. 1, a Corporation of the State of Delaware, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided July 23, 1987.

Attorney(s) appearing for the Case

John H. Benge, Jr., Allmond, Eastburn & Benge, Wilmington, for appellant.

James R. Leonard, Potter, Carmine & Hodas, Wilmington, for appellee.

Before CHRISTIE, C.J., MOORE and BALICK, JJ. [Sitting by designation pursuant to Del. Const., Art. IV, § 12]

MOORE, Justice.

The Bank of Delaware as Trustee under the will of Albert T. Hanby, who died in 1947, appeals the Court of Chancery's grant of summary judgment to Claymont Fire Company No. 1 (the Fire Company), dismissing the Trustee's petition seeking either to reform or terminate a lease between the parties. The Vice Chancellor ruled that the suit was without merit and, in the interests of justice and judicial economy,...

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