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CAPANO INVESTMENTS v. LEVENBERG

564 A.2d 1130 (1989)

CAPANO INVESTMENTS, a Delaware Partnership, Successor in Interest to Midway Shopping Center, Inc., Plaintiff in Error, Plaintiff Below, Appellant, v. Morris LEVENBERG, William S. Rowe, Jr., and David R. Skelley (Justices of the Peace, sitting as a Magistrate Panel pursuant to 25 Del.C. § 5717, at Justice of the Peace Court No. 13), Defendants in Error Below, Appellee, v. JACK ECKERD CORPORATION, a Delaware Corporation, Successor in Interest to Eckerd's of Delaware, Inc., Real Party In Interest, Defendant Below, Appellees.

Supreme Court of Delaware.

Decided: September 11, 1989.

Attorney(s) appearing for the Case

George H. Seitz (argued) and Kevin G. Healy, of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for appellant.

Steven J. Rothschild (argued) and Jean C. Kissane, of Skadden, Arps, Slate, Meagher & Flom, Wilmington, for appellee Jack Eckerd Corporation.

Before CHRISTIE, C.J., and MOORE and WALSH, JJ.

PER CURIAM.

Capano Investments (Capano) appeals a decision of the Superior Court, denying the issuance of a writ of certiorari to review a decision of a Justice of the Peace Court reached under 25 Del.C. § 5717(a). Capano had sought summary possession of certain real estate, and a three judge special court rendered a unanimous decision for the tenant, Jack Eckerd Corporation. Ultimately, Capano sought review...

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