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SANDT v. DELAWARE SOLID WASTE AUTHORITY

No. 339, 1993.

640 A.2d 1030 (1994)

Carl H.A. SANDT, Plaintiff Below-Appellant, v. DELAWARE SOLID WASTE AUTHORITY, Raytheon Service Company, and George W. Wetterau, Defendants Below-Appellees.

Supreme Court of Delaware.

Decided: May 17, 1994.

Attorney(s) appearing for the Case

Edward B. Carter, Jr. (argued), Kimmel, Weiss and Carter, P.A., Wilmington, for appellant.

Douglas B. Catts and William W. Pepper (argued), Schmittinger & Rodriguez, P.A., Dover, for appellee DE Solid Waste Authority.

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

VEASEY, Chief Justice:

In this interlocutory appeal, we address two issues: (1) whether the Delaware Solid Waste Authority ("DSWA") is an "agency" of the State of Delaware for purposes of qualifying for sovereign immunity under the Delaware Tort Claims Act, 10 Del.C. § 4001 et seq. (the "Tort Claims Act"); and (2) if the DSWA is an "agency," whether its sovereign immunity has been waived. The Superior...

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