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WILKE, INC. v. CUMMINS DIESEL

[No. 130, September Term, 1968.]

252 Md. 611 (1969)

250 A.2d 886

WILLIAM F. WILKE, INC. v. CUMMINS DIESEL ENGINES, INC.

Court of Appeals of Maryland.

Decided March 10, 1969.

Attorney(s) appearing for the Case

Donald N. Rothman and Robert E. Sharkey, with whom were Allan J. Malester and Gordon, Feinblatt & Rothman on the brief, for appellant.

Clarke Murphy, Jr., with whom were White, Page & Lentz on the brief, for appellee.

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

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

The dilemma which this controversy posed for the trial court was aptly put by Alexander Pope more than two centuries ago: "Be not the first by whom the new are try'd, Nor yet the last to lay the old aside."1 A resolution of the problem calls for a deep draft from Pope's Pierian spring.2

William F. Wilke, Inc....

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