LIBORIO II v. ARTESIAN WATER CO.

Civ. A. No. 91A-10-13.

621 A.2d 800 (1992)

LIBORIO II, L.P. a Delaware limited partnership, and Lenape Development, Inc., a Delaware corporation, and Liborio III, L.P., a limited partnership, Plaintiffs, v. ARTESIAN WATER COMPANY, INC., a corporation of the State of Delaware, Defendant.

Superior Court of Delaware, New Castle County.

Decided: July 9, 1992.


Attorney(s) appearing for the Case

L. Vincent Ramunno, of Ramunno & Ramunno, P.A., for plaintiffs.

Richard J. Abrams, of Richards, Layton and Finger, for defendant.


OPINION

HERLIHY, Judge.

Appellee Artesian Water Company, Inc. [Artesian] has moved to dismiss this appeal for failure of Liborio II, L.P., Lenape Development, Inc. and Liborio III, L.P. [appellants] to join a necessary party.

Appellants have appealed a decision of the Public Service Commission [PSC]. Artesian argues that Superior Court Civil Rule 19(a) requires appellants to have added the PSC as a party and its failure to do so mandates dismissal...

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