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RUDDEN v. GRO-PLANT INDUSTRIES

[No. 293, September Term, 1972.]

269 Md. 173 (1973)

304 A.2d 812

RUDDEN, INDIV. AND T/A JAX GARDEN CENTER v. GRO-PLANT INDUSTRIES, INC.

Court of Appeals of Maryland.

Decided May 29, 1973.

Attorney(s) appearing for the Case

Daniel B. Wiegers for appellant.

Mitchell Stevan, with whom were Sagner, Stevan & Harris on the brief, for appellee.

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

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

The appellant (Rudden) urges us to set at naught an order of the trial judge, Cahoon, J., denying his motion to quash the writ of fieri facias issued upon the order of the appellee (Gro-Plant). Before we say why we shall affirm Judge Cahoon a curious set of facts must be related.

On 18 June 1970 Gro-Plant filed, in the Circuit Court for Montgomery County, its declaration...

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