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MAYOR AND COUNCIL OF ROCKVILLE v. BROOKEVILLE TURNPIKE CONSTRUCTION COMPANY, INC.

[No. 89, September Term, 1966.]

246 Md. 117 (1967)

228 A.2d 263

THE MAYOR AND COUNCIL OF ROCKVILLE v. BROOKEVILLE TURNPIKE CONSTRUCTION COMPANY, INC.

Court of Appeals of Maryland.

Motion for rehearing filed May 3, 1967.

Denied May 10, 1967.

Attorney(s) appearing for the Case

George W. Shadoan, City Attorney and William C. Staley, Assistant City Attorney (on both arguments) for appellants.

Alfred H. Carter and Vivian V. Simpson (on both arguments), with whom were Joseph B. Simpson, Jr., H. Algire McFaul, Thomas A. Lohm and Simpson & Simpson on the brief, for appellee.

The cause was argued on January 17, 1967, before HAMMOND, C.J., and MARBURY, OPPENHEIMER, BARNES and McWILLIAMS, JJ.; and reargued on April 3, 1967, before HAMMOND, C.J., and HORNEY, MARBURY, OPPENHEIMER, BARNES, McWILLIAMS and FINAN, JJ.

HAMMOND, C.J., delivered the majority opinion of the Court. BARNES and MARBURY, JJ., dissent. Dissenting opinion by BARNES, J., at page 135, infra.

This case has spawned some red herrings which the parties and the Chancellor have dropped across an essentially simple trail of fact and controlling law.

The City of Rockville sought below to enforce specifically a written contract dated January 1962 between the...

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