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CENTURY INDEMNITY COMPANY v. STATE OF MARYLAND

Civ. No. 8771.

144 F.Supp. 671 (1956)

CENTURY INDEMNITY COMPANY v. STATE OF MARYLAND, Real Estate Commission, to the use of SIGLER & MEGARY, Inc., Elmer W. Strock, Helen D. Strock, Anna Zora Yinger, George Schaefer, Doris S. Schaefer, Robert E. Holland, Martha C. Holland, Anthony Papa, Rose Papa, and all other persons not known to Plaintiff who may have a claim to the fund prayed to be deposited in this Court.

United States District Court D. Maryland, Civil Division.

September 25, 1956.

Attorney(s) appearing for the Case

Wm. B. Somerville, Baltimore, Md., for plaintiff.

Walter C. Mylander, Jr., and Charles C. W. Atwater, Baltimore, Md., for Sigler & Megary, Inc.

J. Mayer Willen, Baltimore, Md., for Elmer W. Strock and Helen D. Strock.

Nelson R. Kerr, Towson, Md., for Anna Zora Yinger.

John W. Moyer, Edward L. Keefer, Keefer & Moyer, and George L. Lochboehler, Baltimore, Md., for George Schaefer and Doris S. Schaefer.

Max L. Berman and Norman Hochberg, Baltimore, Md., for Robert E. Holland and Martha C. Holland.

Alfred J. O'Ferrall, Jr., and John P. O'Ferrall, Baltimore, Md., for Anthony Papa and Rose Papa.

THOMSEN, Chief Judge.

The principal question in this case is whether, under the particular facts and circumstances, the surety on a bond given by a real estate broker pursuant to Art. 56, secs. 219-239 of the Maryland Code, is liable for the claim of another broker for a share of the commission on a sale of real estate, where the principal on the bond was the "listing member" and the claimant was the "selling member", as defined in the by-laws of the Multiple Listing...

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