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HARFORD COUNTY v. TATAR, L., C. & WOOD, INC.

[No. 35, September Term, 1976.]

278 Md. 330 (1976)

363 A.2d 501

HARFORD COUNTY, MARYLAND, ETC. v. TATAR, LININGER, CLARK & WOOD, INC. ET AL.

Court of Appeals of Maryland.

Decided September 28, 1976.

Attorney(s) appearing for the Case

Maurice W. Baldwin, Jr., Deputy County Attorney, with whom was L. Ted Hannah, Assistant County Attorney, on the brief, for appellant.

George W. Liebmann, with whom were Larry H. Mitchell and Frank, Bernstein, Conaway & Goldman on the brief, for Tatar, Lininger, Clark & Wood, Inc., part of appellees. John E. Kelly, County Attorney, for Charles B. Anderson, Jr., County Executive for Harford County, other appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ.

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

We shall here vacate a judgment and remand the case for the dismissal of the petition for a declaratory judgment. We determine ex mero motu that the petition does not state a cause for declaratory relief. We thus act because we do not wish to appear by deciding this controversy to have given our approval sub silentio to the schizoid procedure here invoked.

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