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ATLAS SANITATION CO., INC. v. STATE

595 A.2d 380 (1991)

ATLAS SANITATION CO., INC., Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 12, 1991.

Attorney(s) appearing for the Case

Victor F. Battaglia and Francis S. Babiarz, Biggs & Battaglia, Wilmington, for appellant.

Richard E. Fairbanks, Jr., Chief of Appeals Div., Dept. of Justice, Wilmington, for appellee.

Before HORSEY, WALSH and HOLLAND, JJ.

PER CURIAM:

Atlas Sanitation Company, Inc. ("Atlas") has filed a motion to reinstate a criminal appeal which it voluntarily dismissed on October 12, 1990. The State opposes the motion contending that the previous dismissal was unconditional, and since the case has been marked closed on this Court's docket, there is no basis for continued jurisdiction. We agree.

I

On October 6, 1989, Atlas docketed an appeal in this Court from a conviction in the...

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