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AETNA INS. v. MARYLAND CAST STONE

[No. 293, September Term, 1968.]

254 Md. 109 (1969)

253 A.2d 872

AETNA INSURANCE COMPANY v. MARYLAND CAST STONE CO., INC.

Court of Appeals of Maryland.

Motion for rehearing filed June 12, 1969.

Denied June 23, 1969.

Attorney(s) appearing for the Case

Douglas G. Worrall, with whom were Smith, Somerville & Case on the brief, for appellant.

Harrison M. Robertson, Jr., with whom were Brune, Robertson & Iglehart and R. Edwin Brown for appellee.

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

Denied June 23, 1969. and opinion modified.

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

This case comes to us on an agreed statement of facts as permitted by Maryland Rule 828 g:

"Park Heights Joint Venture (`Park Heights') as owner contracted with Gilbert Corporation (`Gilbert') as general contractor for the construction of an apartment building at 6000 Park Heights Avenue, Baltimore, Maryland. Maryland

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