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CITY OF BALTIMORE v. BAINDER

[No. 127, October Term, 1952.]

202 Md. 307 (1953)

96 A.2d 17

CITY OF BALTIMORE v. BAINDER, RECEIVER

Court of Appeals of Maryland.

Decided April 23, 1953.

Attorney(s) appearing for the Case

John R. Cicero, Assistant City Solicitor of Baltimore, with whom were Thomas N. Biddison, City Solicitor, and Edwin Harlan, Deputy City Solicitor, on the brief, for appellant.

William Saxon, for R. Lewis Bainder.

Isidore Ginsberg, with whom were Ginsberg and Ginsberg and Harry Leeward Katz, on the brief, for Plakatoris.

The cause was argued before SOBELOFF, C.J., and DELAPLAINE, COLLINS and HENDERSON, JJ.

DELAPLAINE, J., delivered the opinion of the Court.

This appeal was brought here by the Mayor and City Council of Baltimore from an order of the Circuit Court No. 2 of Baltimore City overruling its exceptions to the auditor's amended account in a receivership proceeding brought by New Coffee Cup Restaurant, Inc., under the Sales in Bulk Act. Code 1951, art. 83, secs. 97-101.

On November 15, 1949, Steve Stavracos, operator of New Coffee Cup Restaurant at 3503...

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