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   State Courts - Delaware - January 30, 2002

  
Angelo, Gordon & Co., L.P. v. Allied Riser Communs. Corp., C.A. No. 19298, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 30, 2002, Decided
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Overview: Balancing the interests of the parties, the court was satisfied that the equities weighed against the entry of an injunction against the corporate merger. Thus, the noteholders' motion for a preliminary injunction was denied.

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Bauscher v. City of Newark Bd. of Adjustment, CIVIL ACTION NUMBER 01A-01-014-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 30, 2002, Decided
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Overview: City board of adjustment erred in denying variance where all witnesses testified in favor of granting variance and board failed to apply proper legal standard or consider proper factors before ruling on request.

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Ellerbe v. State, No. 485, 2001, SUPREME COURT OF DELAWARE, January 30, 2002, Decided
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Overview: Defendant failed to show error in superior court's denial of his motion for postconviction relief.

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Home Ins. Co. v. Am. Ins. Group, C.A. No.: 97C-04-024, SUPERIOR COURT OF DELAWARE, KENT, January 30, 2002, Decided
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Overview: Defendants' motions for partial summary judgment in a declaratory judgment action were denied; a genuine issue of material fact existed regarding the rights of the various plaintiffs under the applicable service and insurance contracts.

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Kester v. State, No. 424, 2001, SUPREME COURT OF DELAWARE, January 30, 2002, Decided
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McGonegal v. McGonegal, No. 382, 2001, SUPREME COURT OF DELAWARE, January 30, 2002, Decided
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Nvf Co. v. Garrett Snuff Mills, CA No. 96C-01-230-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 30, 2002, Decided
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Overview: Defendants' motion for summary judgment on plaintiffs' negligence per se was granted, because an alleged violation by defendants of county flood control ordinances could not provide the basis for a claim of negligence per se.

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State v. Wright, I.D. 0007020610, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 30, 2002, Decided
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Overview: Witnesses' claims of police coercion, with regard to videotaped statements taken in advance of trial and admitted as evidence at trial, were rejected where witness claims were not supported by record, which showed a lack of coercion.

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Weiner v. Selective Way Ins. Co., C.A. No. 00C-12-054 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 30, 2002, Decided
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Overview: Broad view was used toward defining "collapse" in property insurance policy as matter of law; "collapse" covered any serious impairment of structural integrity that connoted imminent collapse threatening preservation of insured property.

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