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O & B, INC. v. MD.-NAT'L CAP. P. & P. COMMISSION

[No. 60, September Term, 1976.]

279 Md. 459 (1977)

369 A.2d 553

O & B, INCORPORATED T/A CENTRAL AVENUE SUNOCO ET AL. v. MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

Court of Appeals of Maryland.

Decided February 22, 1977.

Attorney(s) appearing for the Case

Darlene G. Perry, with whom were Edward P. Camus and Camus & Perry on the brief, for appellants.

Barbara A. Sears, with whom was Sanford E. Wool on the brief, for appellee.

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

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

The principal question presented by this case is whether the Maryland-National Capital Park and Planning Commission (hereinafter referred to as the "Commission") is a state agency for purposes of the defense of sovereign immunity in tort suits.

On July 22, 1974, fourteen individuals brought in the Circuit Court for Prince George's County an action in trespass and conversion against O & B, Inc., t/a Central...

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