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PARKLAWN, INC. v. GIANT FOOD, INC.

[No. 424, September Term, 1970.]

262 Md. 148 (1971)

277 A.2d 80

PARKLAWN, INC. v. GIANT FOOD, INC.

Court of Appeals of Maryland.

Decided May 13, 1971.

Attorney(s) appearing for the Case

William L. Kaplan, with whom were Feissner, Kaplan & Smith, Karl G. Feissner, Thomas P. Smith, Fred R. Joseph and Andrew E. Greenwald on the brief, for Parklawn, Inc., appellant-cross-appellee.

William F. Abell, Jr., with whom were Robert C. Heeney and Heeney, McAuliffe & McAuliffe on the brief, for Giant Food, Inc., appellee-cross-appellant.

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

HAMMOND, C.J., delivered the opinion of the Court.

This is the third appeal — and we hope the last — in proceedings brought below by Parklawn, Inc., a cemetery corporation (appellant and cross-appellee), against upper landowners to obtain relief and redress from the periodic flooding of a part of its cemetery lands by the stream which runs through the cemetery. In 1964 Parklawn filed suit against Washington-Rockville Industrial Park, Inc. and forty others...

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