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ST. MICHELLE v. CATANIA

[No. 115, September Term, 1968.]

252 Md. 647 (1969)

250 A.2d 874

ST. MICHELLE v. CATANIA T/A DIAMOND CAB COMPANY

Court of Appeals of Maryland.

Decided March 11, 1969.

Attorney(s) appearing for the Case

Michael J. Milton, with whom was Sheldon H. Braiterman on the brief, for appellant.

Wilbur D. Preston, with whom was William B. Whiteford on the brief, for appellee.

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

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

This case comes to us on appeal from an order sustaining, without leave to amend, Mrs. Catania's demurrer to the first count of Miss St. Michelle's declaration and entering judgment absolute for costs in favor of Mrs. Catania as to the first count of the St. Michelle declaration.1

The declaration contained the following allegation of "facts common to all counts":

"FOR THAT...

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