Luby v. The Town of Smyrna

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IN THE SUPREME COURT OF THE STATE OF DELAWARE FRANK LUBY, Plaintiff Below, Appellant, v. THE TOWN OF SMYRNA, a municipality of the State of Delaware, Defendant Below, Appellee. § § § § No. 44, 2002 § § Court Below: Superior Court § of the State of Delaware in and § for Kent County § C.A. No. 00C-07-029 § § § § Submitted: June 6, 2002 Decided: June 13, 2002 Before VEASEY, Chief Justice, WALSH, and HOLLAND, Justices. ORDER This 13th day of June 2002, upon consideration of the briefs of the parties, we conclude that this appeal should be affirmed on the basis of, and for the reasons set forth in, the decision of the Superior Court dated December 27, 2001. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED. BY THE COURT: s/Joseph T. Walsh Justice

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