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U.S. v. CUMBERBATCH

No. 405, 1993.

647 A.2d 1098 (1994)

UNITED STATES of America, Defendant Below, Appellant, v. Mark CUMBERBATCH and Debra P. Cumberbatch, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: October 5, 1994.

Attorney(s) appearing for the Case

Gregory M. Sleet, U.S. Atty., and Patricia C. Hannigan, (argued), Asst. U.S. Atty., Wilmington, for appellant.

F. Alton Tybout, Tybout, Redfearn & Pell, Wilmington, for appellees.

Before VEASEY, C.J., WALSH, HOLLAND, HARTNETT and BERGER, JJ.

VEASEY, Chief Justice:

The following question of law was certified by the United States District Court for the District of Delaware (the "District Court"), and was accepted by this Court on November 24, 1993:

Do the survivors asserting a claim under 10 Del.C. § 3724 who would have a valid claim for money damages if the evidence showed that the [death of the decedent was made more probable]

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