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SIMPLER v. STATE, USE OF BOYD

[No. 203, September Term, 1960.]

223 Md. 456 (1960)

165 A.2d 464

SIMPLER ET AL. v. STATE, USE OF BOYD ET AL.

Court of Appeals of Maryland.

Decided November 11, 1960.

Attorney(s) appearing for the Case

William H. Adkins, II, with whom was K. Thomas Everngam on the brief, for the appellees on the motion.

James H. Norris, Jr., Special Assistant Attorney General, with whom was C. Ferdinand Sybert, Attorney General, on the brief, for the appellants on the motion.

The cause was argued on the motion to dismiss before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

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

There are two questions involved in this appeal: (1), Are the provisions of Code (1957), Article 5, Section 1, inapplicable to this appeal due to the fact that the Circuit Court for Caroline County, when it ordered Hooper S. Miles, Treasurer of Maryland and Custodian of the Unsatisfied Claim and Judgment Fund (Fund),1 to pay damages to the appellees, was acting under a special, limited...

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