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KITCHEN v. HIMELFARB

[No. 343, September Term, 1968.]

254 Md. 372 (1968)

254 A.2d 694

KITCHEN, ET AL. T/A KITCHEN BROS. EQUIPMENT CO., INC. v. HIMELFARB, ET AL.

Court of Appeals of Maryland.

Decided June 27, 1968.

Attorney(s) appearing for the Case

Victor L. Edwards for appellants.

Richard B. Bland, with whom were Welsh & Lancaster on the brief, for Frederick W. Berens, Inc., part of appellees.

Submitted on brief by Donald M. Caplan for Herbert A. Himelfarb, et al., other appellees.

The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, FINAN and SMITH, JJ.

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

Ronald E. Kitchen, Ramon B. Kitchen, and Terry L. Kitchen, trading as Kitchen Brothers Equipment Co., Inc. appeal from an order entered November 14, 1968, by the Circuit Court for Prince George's County granting a motion to dismiss their amended mechanics' lien claim with prejudice in equity actions D-2223, D-2261, and D-2287, which had been consolidated for trial.

On March 17, 1967, "Kitchen Bros. Equipment...

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