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SMITH v. FREDERICKTOWN BANK

[No. 387, September Term, 1969.]

258 Md. 141 (1970)

265 A.2d 236

SMITH, ET AL. v. THE FREDERICKTOWN BANK & TRUST COMPANY, EX'R U/W OF CHARLES McELFRESH SMITH

Court of Appeals of Maryland.

Decided May 8, 1970.

Attorney(s) appearing for the Case

Herbert D. Morrison for appellants.

Donald E. Sharpe for appellee.

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

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

We are here involved with the denial of the right to remove a civil case from the circuit court of its origin as provided by Article IV, Section 8 of the Maryland Constitution, Article 75, Section 44 of the Maryland Code (1957, 1969 Repl. Vol.), and Maryland Rule 542. Even though the order denying removal is seemingly interlocutory in nature we must entertain this appeal because it involves the alleged denial of an absolute...

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