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BERRY v. SCOTT

[No. 13, September Term, 1973.]

269 Md. 749 (1973)

309 A.2d 772

BERRY ET AL. v. SCOTT

Court of Appeals of Maryland.

Decided October 11, 1973.

Attorney(s) appearing for the Case

Robert P. Schlenger, with whom were Frederick J. Green, Jr., Lord, Whip, Coughlan & Green, P.A. and Francis B. Burch, Attorney General, and Raymond Valle, Special Assistant Attorney General, on the brief, for appellants.

Nelson R. Kandel, with whom was Jay M. Caplan on the brief, for appellee.

The cause was argued before BARNES, McWILLIAMS, SINGLEY, SMITH, DIGGES and LEVINE, JJ.

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

Here we must deal with an attempt to attenuate our holding in Wheeler v. Unsatisfied Claim and Judgment Fund, 259 Md. 232, 269 A.2d 593 (1970). We shall relate only the essential facts.

On 1 September 1968 the appellee (Norma), while standing on a street corner in Baltimore, was struck by Delphine Burman's car which an instant earlier...

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