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HOLY CROSS HOSP. v. MARYLAND EMPL. SEC.

[No. 103, September Term, 1979.]

288 Md. 685 (1980)

421 A.2d 944

HOLY CROSS HOSPITAL OF SILVER SPRING, INC. v. MARYLAND EMPLOYMENT SECURITY ADMINISTRATION

Court of Appeals of Maryland.

Decided November 6, 1980.

Attorney(s) appearing for the Case

Paul Mannes, with whom was Stanley J. Nadonley on the brief, for appellant.

Lois F. Lapidus, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, and Joel J. Rabin, Assistant Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

SMITH, J., delivered the opinion of the Court. ELDRIDGE, COLE and DAVIDSON, JJ., dissent. DAVIDSON, J., filed a dissenting opinion at page 701 infra, in which ELDRIDGE and COLE, JJ, join.

In this case appellee Employment Security Administration (ESA) erroneously paid out a substantial sum in benefits to a former employee of appellant Holy Cross Hospital of Silver Spring, Inc. (the employer or Holy Cross). We are concerned...

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