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ALLEN v. FOLSOM

372 A.2d 200 (1976)

Stuart T. ALLEN and Jocelyn G. Allen, his wife, Petitioners, v. Henry R. FOLSOM, Jr., et al., Respondents.

Court of Chancery of Delaware, New Castle.

Decided June 28, 1976.

Attorney(s) appearing for the Case

John T. Gallagher, James F. Waehler and Vincent J. Poppiti of Morris, Nichols, Arsht & Tunnell, Wilmington, for petitioners.

Catherine S. Mulholland, New Castle County Dept. of Law, Wilmington, for respondents.

QUILLEN, Chancellor:

Plaintiffs Stuart T. and Jocelyn G. Allen are resident taxpayers of New Castle County. Defendants Henry R. Folsom, Jr., Francis J. Schneider, Andrew J. Casey, Lois M. Parke, Francis J. Swift, William P. Cooke and Joseph F. Toner constitute the New Castle County Council; defendant Dennis Kerns is Director of Finance of New Castle County.

The essential facts are undisputed. On or about July 1, 1972...

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