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STATE v. REGENCY GROUP, INC.

598 A.2d 1123 (1991)

The STATE of Delaware, upon the Relation of the SECRETARY OF the DEPARTMENT OF TRANSPORTATION, Plaintiff, v. The REGENCY GROUP, INC., Defendant. and LEON N. WEINER & ASSOCIATES, INC., Defendant and Third-Party Plaintiff, v. HOWARD L. ROBERTSON, INC., Third-Party Defendant. MERCANTILE-SAFE DEPOSIT AND TRUST COMPANY, Plaintiff, v. INPROJET CORPORATION and G.R.G. Realty Corp., Defendants. and The STATE of Delaware (Through the DEPARTMENT OF TRANSPORTATION), Defendant and Third-Party Plaintiff, v. HOWARD L. ROBERTSON, INC. and Leon N. Weiner & Associates Inc., Third-Party Defendants.

Superior Court of Delaware, New Castle County.

Decided: April 3, 1991.

As Corrected and Clarified: May 16, 1991.

Attorney(s) appearing for the Case

David S. Lank, of Theisen, Lank, Mulford & Goldberg, P.A., for the State of Del.

Richard D. Allen, of Morris, Nichols, Arsht & Tunnell, for The Regency Group, Inc. and Inprojet Corp.

Kevin Gross, of Morris, Rosenthal, Monhait & Gross, P.A., for Leon N. Weiner & Associates, Inc.

Walter P. McEvilly, Jr., of Prickett, Jones, Elliott, Kristol & Schnee, for Howard L. Robertson, Inc.

OPINION

HERLIHY, Judge.

Presently before the Court are two motions for summary judgment. The first motion is that of third-party defendant Howard L. Robertson, Inc. [Robertson]. The second motion is that of the plaintiff State of Delaware [State].

There are now two pending consolidated cases in this Court. They involve actions for damages resulting from three land transations. In two prior conveyances the defendants had sold portions of land overlapping...

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