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POTTER v. SCHAFER

[No. 85, September Term, 1962.]

230 Md. 261 (1962)

186 A.2d 602

POTTER ET AL. v. SCHAFER ET UX.

Court of Appeals of Maryland.

Motion for reconsideration, reargument and apportionment of costs filed December 21, 1962.

Denied January 16, 1963.

Attorney(s) appearing for the Case

G. Richard Park, with whom were Miller & Miller on the brief, for the appellants.

Mark P. Friedlander, Jr., with whom was Carlton L. Saunders on the brief, for the appellees.

The cause was argued before BRUNE, C.J., and HAMMOND, HORNEY, MARBURY and SYBERT, JJ.

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

The appellees, Paul W. Schafer and Elizabeth Carol Schafer, husband and wife, in June 1961, filed a bill of complaint in the Circuit Court for Montgomery County, Maryland, which alleged in substance that the appellants, Lloyd A. Potter and wife, and John L. Matthews and wife, had (1) violated a building restriction line, and (2) violated an alleged implied easement for a portion of a sewage disposal system.

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