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NEWARK v. DONALD M. DURKIN CONTRACTING

No. 29, 2023D.

305 A.3d 674 (2023)

CITY OF NEWARK, Plaintiff Below, Appellant, v. DONALD M. DURKIN CONTRACTING, INC., Donald M. Durkin, Jr., James Durkin, and Michael Durkin, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: August 28, 2023.

Attorney(s) appearing for the Case

Max B. Walton, Esquire , Shaun Michael Kelly, Esquire , Erica K. Sefton, Esquire , CONNOLLY GALLAGHER LLP, Newark, Delaware, for Appellant City of Newark.

Paul A. Logan, Esquire , POST & SCHELL, P.C., Wilmington, Delaware, for Appellees Donald M. Durkin Contracting, Inc., Donald M. Durkin, Jr., James Durkin, and Michael Durkin.

Before VALIHURA, TRAYNOR, and LEGROW, Justices.

The appellant seeks review of a Superior Court Order1 resolving the appellees' contractual indemnification obligations. The appellant sought a declaration from the Superior Court that the appellees breached a settlement agreement between the parties and, under the terms of that settlement agreement,...

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