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HELLER v. SEGNER

[No. 199, September Term, 1970.]

260 Md. 393 (1971)

272 A.2d 374

HELLER ET AL. v. SEGNER ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed February 9, 1971.

Denied February 16, 1971.

Attorney(s) appearing for the Case

Charles C.W. Atwater, with whom were David A. Carney and Mylander & Atwater on the brief, for appellants.

Malcolm B. Smith, with whom were Smith & Wohlgemuth on the brief, for appellees.

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

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

The appellants (who seek a rezoning in Anne Arundel County from residential to commercial) used the spear of perseverance to attack, advancing beneath their banner proclaiming: "If at first you don't succeed, try, try, try again,"1 and the appellees (protesting neighbors) defended with the shield of res judicata, waving their flag inscribed: "The...

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