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HAMPSON v. STATE

233 A.2d 155 (1967)

Leonard J. HAMPSON, Walter Kabis and Helen U. Wallace, Defendants Below, Appellants, v. STATE of Delaware upon the relation of David P. BUCKSON, Attorney General of the State of Delaware, Plaintiff Below, Appellee, and Howard W. Phillips, C. Penrose Stidham, Eleanor D. Cleaver, Douglas Michael, and Arthur E. Whittington, Jr., Defendants Below, Appellees.

Supreme Court of Delaware.

July 27, 1967.

Attorney(s) appearing for the Case

Walter K. Stapleton, of Morris, Nichols, Arsht & Tunnell, Wilmington, for appellants.

Arthur F. DiSabatino, of Killoran & Van Brunt, Wilmington, for appellees.

WOLCOTT, C. J., CAREY and HERRMANN, JJ., sitting.

WOLCOTT, Chief Justice:

This is an appeal from a declaratory judgment declaring that the apparently successful candidates of an election held in the Town of Odessa in 1966 were the properly elected Mayor and two councilmen. Following the election, the incumbents refused to relinquish their offices and, upon the relation of the Attorney General, this action for a declaratory judgment was filed. The incumbents and the apparently...

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