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ANNE ARUNDEL CTY. v. LICHTENBERG

[No. 42, September Term, 1971.]

263 Md. 398 (1971)

283 A.2d 782

ANNE ARUNDEL COUNTY, MARYLAND v. LICHTENBERG ET AL.

Court of Appeals of Maryland.

Decided November 12, 1971.

Attorney(s) appearing for the Case

John M. Court, Assistant County Solicitor, with whom was Paul F. Borden, County Solicitor, on the brief, for appellant.

Preston A. Pairo, with whom were Preston A. Pairo, Jr., Richard H. Pairo and Pairo & Pairo on the brief, for Jerome M. Lichtenberg et ux., part of appellees. B. Conway Taylor, Jr., with whom were Ascanio S. Boccuti and Whiteford, Taylor, Preston, Trimble & Johnston on the brief, for other appellees.

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

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

This appeal is the second round in the controversy between Anne Arundel County and a real estate developer and his bonding companies over liability under a performance bond. The opinion in the first appeal is reported in Lichtenberg v. Anne Arundel County, 258 Md. 204, 265 A.2d 222 (1970).

On October 22, 1968, Anne Arundel County (County...

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