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STATE ROADS COMM. v. SMITH

[No. 166, September Term, 1960.]

224 Md. 537 (1961)

168 A.2d 705

STATE ROADS COMMISSION v. SMITH

Court of Appeals of Maryland.

Motion for rehearing filed and denied and opinion modified April 7, 1961.

Attorney(s) appearing for the Case

Carl H. Lehmann, Jr., Special Attorney, with whom were C. Ferdinand Sybert, Attorney General, Joseph D. Buscher, Special Assistant Attorney General, and Robert H. Archer, Jr., Special Attorney, on the brief, for appellant.

Everett L. Buckmaster, with whom were T. Leo Sullivan, George W. White, Jr., and Buckmaster, White, Mindel & Clarke on the brief, for appellee.

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

BRUNE, C.J., delivered the opinion of the Court.

The State Roads Commission (the Commission) appeals from a judgment in a condemnation case in the Circuit Court for Harford County, entered for the property owner, George L. Smith, upon the jury's return of an inquisition assessing damages at $8,000.1

The appellee filed a motion to dismiss the appeal which we shall consider first. He contends that the Commission's invocation of procedure...

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