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SMACK v. JACKSON

[No. 190, September Term, 1964.]

238 Md. 35 (1965)

207 A.2d 511

SMACK v. JACKSON, ET AL.

Court of Appeals of Maryland.

Decided March 8, 1965.

Attorney(s) appearing for the Case

Submitted on brief by William G. Kerbin, Jr. and Henry P. Walters for appellant.

Submitted on brief by W. Ross Hockersmith for appellees.

Submitted to PRESCOTT, C.J., and HAMMOND, HORNEY, MARBURY and BARNES, JJ.

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

Pursuant to Code (1957), Art. 66C, § 708(a) — wherein it is provided that land beneath the waters of the State may be leased for the purpose, among others, of cultivating oysters or shell fish — the appellant sought to lease an area in Chincoteague (on Sinepuxent) Bay for the cultivation of oysters. The appellees, protesting the issuance of the lease, brought this action contending that the area in...

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