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POTOMAC POWER CO. v. BIRKETT

[No. 296, September Term, 1957.]

217 Md. 476 (1958)

143 A.2d 485

POTOMAC ELECTRIC POWER COMPANY v. BIRKETT ET AL. (Two Appeals In One Record)

Court of Appeals of Maryland.

Opinion filed July 2, 1958.

Motion for rehearing and for stay of mandate, filed July 8, 1958.

Denied July 17, 1958.

Attorney(s) appearing for the Case

Richard W. Emory, with whom were William J. McCarthy and Venable, Baetjer and Howard and James H. Pugh on the brief, for appellant.

Herbert M. Brune, with whom were R. Edwin Brown and John E. Oxley on the brief, for appellees.

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

Per Curiam filed June 4, 1958.

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

The Potomac Electric Power Company (Pepco) appealed in one record from final judgments and orders of the Circuit Court for Montgomery County in two cases dismissing its petitions to condemn land, for the construction of an electric transmission line to serve the Washington Metropolitan area, on a holding that Pepco had no right of eminent domain in Maryland. Having reached a conclusion...

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