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BOARD OF HEALTH v. WESTERNPORT

[No. 49, September Term, 1958.]

218 Md. 372 (1958)

146 A.2d 872

STATE BOARD OF HEALTH v. MAYOR AND COMMISSIONERS OF WESTERNPORT

Court of Appeals of Maryland.

Decided December 19, 1958.

Attorney(s) appearing for the Case

Joseph S. Kaufman, Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, and Cobey, Carscaden, Gilchrist & Getty on the brief, for appellant.

Earl Edmund Manges, for appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND and HORNEY, JJ., and HENRY, JR., Chief Judge of the First Judicial Circuit, specially assigned.

HENRY, Chief Judge of the First Judicial Circuit, by special assignment delivered the opinion of the Court.

The Town of Westernport (hereinafter referred to as Town), a municipality situated on the north bank of the Potomac River, in Allegany County near the Garrett County line, has, since 1951, been supplying water to its residents through a transmission line from the Savage River Dam located some six miles distant. For many years prior to the 1951 completion of...

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