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MAYOR OF BALTIMORE v. CHESAPEAKE

[No. 68, September Term, 1963.]

233 Md. 559 (1964)

197 A.2d 821

MAYOR AND CITY COUNCIL OF BALTIMORE v. CHESAPEAKE MARINE RAILWAY CO., ET AL.

Court of Appeals of Maryland.

Decided March 3, 1964.

Attorney(s) appearing for the Case

Argued and reargued by Clayton A. Dietrich, Chief Assistant City Solicitor, with whom were Joseph Allen, City Solicitor, George W. Baker, Jr., Deputy City Solicitor, and Harold E. Leo, Assistant City Solicitor, on the brief, for appellant.

Argued by Walter C. Mylander, Jr., and Thomas A. Garland, with whom was Charles C.W. Atwater on the brief for appellees.

Reargued by Walter C. Mylander, Jr., and Charles C.W. Atwater for appellees.

The cause was reargued on February 3, 1964 before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT, HORNEY, MARBURY and SYBERT, JJ.

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

The Mayor and City Council of Baltimore in 1957 filed an action on the case against the Chesapeake Marine Railway Company (which before trial in 1963 had been dissolved and had its assets distributed to its four owners who were substituted as defendants) for the obstruction of a way in Baltimore and for an injunction against the maintenance of a fence across the entrance of the way and the use thereof for private purposes...

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