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ALLEN & WHALEN v. GRIMBERG CO.

[No. 28, September Term, 1962.]

229 Md. 585 (1962)

185 A.2d 337

ALLEN & WHALEN, INC. v. JOHN C. GRIMBERG COMPANY, INC.

Court of Appeals of Maryland.

Decided November 5, 1962.

Attorney(s) appearing for the Case

Joseph A. Lynott, Jr., for appellant.

John M. McInerney, with whom were McInerney & Latham on the brief, for appellee.

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

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

This is an appeal by the original defendant-third party plaintiff from an order of the Circuit Court for Montgomery County sustaining, without leave to amend, a third-party defendant's demurrer to the amended thirty-party complaint filed against it.

A party to this case, but not to this appeal, Thomas W. Yoder Co., Inc. (Yoder) was the prime contractor under some construction...

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