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WAWA, INC. v. GOVERNMENT OF NEW CASTLE COUNTY DEL.

No. CIV.A. 04-322-KAJ.

391 F.Supp.2d 291 (2005)

WAWA, INC., a corporation of the State of New Jersey, Plaintiff, v. The GOVERNMENT OF NEW CASTLE COUNTY DELAWARE, a political subdivision of the State of Delaware, Defendant.

United States District Court, D. Delaware.

October 13, 2005.

Attorney(s) appearing for the Case

Edward M. McNally, Esq., Matthew F. Lintner, Esq., Morris, James, Hitchens & Williams LLP, Wilmington, DE, for Plaintiff.

Mary A. Jacobson, Esq., Brian J. Merritt, Esq., New Castle County Law, New Castle, DE, for Defendant.

MEMORANDUM OPINION

JORDAN, District Judge.

I. INTRODUCTION

Plaintiff, Wawa, Inc. ("Wawa"), brought this suit, under 42 U.S.C. § 1983 and 28 U.S.C. § 2201, for declaratory and injunctive relief against defendant, the Government of New Castle County, Delaware (the "County"), claiming that a County ordinance violates the Equal Protection Clause of the U.S. Constitution. Before me are cross-motions for summary judgment under Fed...

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