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GLEN ALDEN v. DUVALL

[No. 217, September Term, 1964.]

240 Md. 405 (1965)

215 A.2d 155

GLEN ALDEN CORPORATION, ET AL. v. DUVALL, ETC.

Court of Appeals of Maryland.

Motion for rehearing or modification of opinion filed December 14, 1965.

Denied January 3, 1966.

Attorney(s) appearing for the Case

Stedman Prescott, Jr., for appellants.

John P. Moore, with whom were Wheeler, Moore & Korpeck on the brief, for appellee.

The cause was argued on May 6, 1965 before HORNEY, MARBURY, SYBERT, OPPENHEIMER and BARNES, JJ., and was submitted on the brief on November 12, 1965 to HAMMOND, HORNEY, MARBURY, OPPENHEIMER, BARNES and McWILLIAMS, JJ., and EVANS, J., Associate Judge of the Fifth Judicial Circuit, specially assigned.

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

The appellee, R. Byng Duvall, operating Duvall Engineering Company (Duvall) as a sole proprietorship, filed an action at law against Glen Alden Corporation (Glen Alden) and its subsidiary corporation Republic-Transcon Industries, Inc. and Republic Air Conditioning Co. in the Circuit Court for Montgomery County on August 21, 1961. The declaration included the seven common counts in assumpsit and one special count...

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