HARTNETT, Vice Chancellor.
The only issue raised by petitioners' motion for summary judgment is whether the State of Delaware is entitled to assert by subrogation a claim against the proceeds of a proposed settlement of a wrongful death claim brought on behalf of the minor children of a deceased employee of the State.
The Court finds that the State, as a matter of law, cannot assert a subrogation claim against the moneys due to the children on their claim...
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