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IN RE REQUEST OF GOV. FOR ADVISORY OPIN.

No. 446, 1998.

722 A.2d 307 (1998)

In re REQUEST OF the GOVERNOR FOR AN ADVISORY OPINION.

Supreme Court of Delaware.

Decided: October 28, 1998.

Revised: November 23, 1998.

Attorney(s) appearing for the Case

Matthew P. Denn of Young, Conaway, Stargatt & Taylor, L.L.P., and Professor Lawrence A. Hamermesh (argued) of Widener University School of Law, Wilmington, appointed pro bono publico to advocate the affirmative position on the question presented.

Allen M. Terrell, Jr. (argued), Frederick L. Cottrell, III, and Claudia A. DelGross, of Richards, Layton & Finger, Wilmington, appointed pro bono publico to advocate the negative position on the question presented.

Before VEASEY, Chief Justice, WALSH, HOLLAND, HARTNETT and BERGER, Justices.

To: The Honorable Thomas R. Carper, Governor of the State of Delaware:

In your letter of October 16, 1998, you respectfully requested the opinions of the Justices regarding the following question "touching the proper construction" of the Constitution of Delaware:

Does an individual having been appointed a police officer of the Delaware State Police pursuant to 11 Del.C. § 8301 hold an "office under this...

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