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HURST v. V & M OF VIRGINIA

[No. 112, September Term, 1981.]

293 Md. 575 (1982)

446 A.2d 55

GARY EUGENE HURST v. V & M OF VIRGINIA, INC. ET AL.

Court of Appeals of Maryland.

Motion for reconsideration filed June 18, 1982.

Opinion modified and as modified motion for reconsideration denied June 25, 1982.

Attorney(s) appearing for the Case

Terrell N. Roberts, III for appellant.

No brief filed for appellees.

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

SMITH, J., delivered the opinion of the Court. MURPHY, C.J., and COLE, J., dissent. MURPHY, C.J., filed a dissenting opinion at page 588 infra, in which COLE, J., concurs.

The question presented in this case is whether the interest of tenants for years in a basement area in the Bethesda Square Shopping Mall, in which a restaurant and "disco" were constructed, is a "building" within the meaning of Code (1974, 1981 Repl...

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