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AFSCME LOCALS 1102 AND 320 v. WILMINGTON

Civ. A. No. 026-N.

858 A.2d 962 (2004)

AFSCME LOCALS 1102 AND 320, Respondents Below, Appellants v. CITY OF WILMINGTON, Petitioner Below, Appellees.

Court of Chancery of Delaware, New Castle County.

Decided: July 9, 2004.

Attorney(s) appearing for the Case

Perry L. Goldlust of Aber Goldlust Baker & Over, Wilmington, for Respondents Below, Appellants.

Martin C. Meltzer of City of Wilmington Law Dept., Wilmington, for Petitioner Below, Appellees.

Jeffrey M. Weiner of Law Office of Jeffrey M. Weiner, Wilmington, for FOP Lodge # 1.

PARSONS, Vice Chancellor.

The City of Wilmington (the "City") and the Fraternal Order of Police Lodge ("FOP") move to dismiss the appeal of AFSCME Locals 1102 and 320 ("AFSCME" or the "Locals") under Court of Chancery Rules 12(b)(4) and (5) for improper service and 12(b)(1) for lack of subject matter jurisdiction. This is the Court's decision on that motion. For the reasons stated below, the Court concludes that the action must be dismissed for lack of subject matter...

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