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IN RE ASBESTOS LITIGATION

551 A.2d 1296 (1988)

In re ASBESTOS LITIGATION.

Superior Court of Delaware, New Castle County.

Decided: June 28, 1988.

Attorney(s) appearing for the Case

Beverly L. Bove of Tomar, Seliger, Simonoff, Adourian & O'Brien, Wilmington, Thomas C. Crumplar and Mary Ann Matuszewski of Jacobs & Crumplar, P.A., Wilmington, for certain plaintiffs.

Robert B. Anderson of McCarter & English, Wilmington, for defendants A.C. & S. Co., Inc., Celotex Corp., Eagle-Picher Industries, Inc., Keene Corp., Pittsburgh-Corning Corp., Owens-Illinois, Inc., and Owens-Corning Fibreglas Corp.

TAYLOR, Judge.

Certain defendants have moved for impaneling of a special jury for trial of the designated asbestos cases. Their contention is that, notwithstanding the discretionary language of 10 Del.C. § 4506 (as amended in 1987), they have an absolute constitutional right to trial by a special jury.

A.

Defendants' constitutional argument rests on the first sentence of Section 4, Article I of the Delaware Constitution, which reads:...

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