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BALTIMORE CITY v. PRINCETON CONST. CO.

[No. 271, September Term, 1961.]

229 Md. 176 (1962)

182 A.2d 803

MAYOR AND CITY COUNCIL OF BALTIMORE ET AL. v. PRINCETON CONSTRUCTION COMPANY, INC. ET AL. RESTIVO ET AL. v. MAYOR AND CITY COUNCIL OF BALTIMORE ET AL. (Two Appeals in One Record)

Court of Appeals of Maryland.

Decided July 3, 1962.

Attorney(s) appearing for the Case

James B. Murphy, Assistant City Solicitor of Baltimore (in the first case), with whom were Francis B. Burch, City Solicitor, and John A. Dewicki, Assistant City Solicitor (in the second case) on the brief, for the City.

Samuel S. Eisenberg for Philip J. Restivo et al. in both cases.

Z. Townsend Parks, Jr., with whom was H. Emslie Parks on the brief, for the appellees in the first case and Vernon W. McPherson, Inc., in the second case.

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

This case involves two appeals arising out of separate suits brought against the owners of a tract of land on Mayfield Avenue in Baltimore City which has been the subject of protracted litigation and a previous decision by this Court, in Restivo v. Princeton Constr. Co., 223 Md. 516, 165 A.2d 766 (1960). In that case it was held that the Baltimore...

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