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FACTUAL DISTINCTIONS IN CASES - Duty of Court where the reliance on a precedent case is challenged in a proceeding on the basis that the facts are distinguishable from those of the present case

HELD:

"Where the reliance on a precedent case is challenged in a proceedings on the basis that the facts are distinguishable from those of the present case, the Court must determine if the facts of the two cases are the same or not.

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