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McINTYRE v. BYRNE

[No. 233, September Term, 1957.]

217 Md. 71 (1958)

141 A.2d 692

McINTYRE ET AL. v. BYRNE

Court of Appeals of Maryland.

Decided May 21, 1958.

Attorney(s) appearing for the Case

Malcolm J. Coan, with whom was Katherine A. McIntyre on the brief, for the appellants.

Walter C. Mylander, Jr., with whom were Paul L. Plack and Charles C.W. Atwater on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

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

The first matter to be disposed of in this appeal is the appellee's motion to dismiss the appeal. This motion is based upon alleged violations of Maryland Rule 828 by the appellant. As we have decided to overrule the motion, we shall not consider it in detail; but, we shall say that the motion presents a very close question for our decision. The Rule is clear, definite and certain...

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