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RUPP v. EARL H. CLINE & SONS

[No. 155, September Term, 1962.]

230 Md. 573 (1963)

188 A.2d 146

RUPP ET AL., TRUSTEES, ET AL. v. EARL H. CLINE AND SONS, INC., ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed February 25, 1963.

Denied April 3, 1963.

Attorney(s) appearing for the Case

Walter C. Mylander, Jr., and Charles C.W. Atwater, with whom were Carlyle Barton, Jr., and Herbert L. Rollins on the brief, for appellants.

Robert E. Clapp, Jr., and Benjamin B. Rosenstock, with whom was H. Reese Shoemaker, Jr., on the brief, for appellees.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT, HORNEY and SYBERT, JJ.

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

This appeal is from an order allowing the mechanics' lien claims of the claimants-appellees (Earl H. Cline and Sons, Inc., et al.) priority in the distribution of proceeds of a foreclosure sale under a deed of trust held by the trustees-appellants (Christopher A. Rupp and Sidney H. Tinley, Jr., trustees under deed of trust from James T. Galloway Company, a body corporate). Subsequent to the filing of the foreclosure...

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