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DEAKYNE v. COMMISSIONERS OF LEWES

Civ. A. No. 2969.

329 F.Supp. 1133 (1971)

Ethel C. DEAKYNE, Plaintiff, v. COMMISSIONERS OF LEWES, a Delaware Municipal corporation, et al., Defendants.

United States District Court, D. Delaware.

August 4, 1971.

Attorney(s) appearing for the Case

Clement C. Wood, of Allmond & Wood, Wilmington, Del., and Basil C. Clare, Chester, Pa., of counsel, for plaintiff.

James M. Tunnell, Jr., and William O. LaMotte, III, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for defendants.

OPINION

LATCHUM, District Judge.

This case is presently before the Court on the plaintiff's motion to strike three affirmative defenses asserted in the defendants' amended answer. The relevant background may be summarized as follows:

The plaintiff, Ethel C. Deakyne ("Mrs. Deakyne"), is the record title owner in fee simple of a certain tract of land in the Town of Lewes, Sussex County, Delaware, generally located on the northeast side of the Lewes...

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