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BARTENS v. CITY OF BALTIMORE

[No. 43, September Term, 1981.]

293 Md. 620 (1982)

446 A.2d 1136

DOROTHEA BARTENS v. MAYOR AND CITY COUNCIL OF BALTIMORE ET AL.

Court of Appeals of Maryland.

Decided June 28, 1982.

Attorney(s) appearing for the Case

Richard L. Mohlhenrich, Jr., with whom was Charles E. Chlan on the brief, for appellant.

J. Shawn Alcarese, Assistant City Solicitor, with whom were Benjamin L. Brown, City Solicitor, and Otho M. Thompson, Associate City Solicitor, on the brief, for appellees.

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

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

The primary issue presented in this case is whether the restrictions of Maryland Code (1974, 1980 Repl. Vol.), § 5-306 of the Courts and Judicial Proceedings Article (requiring a person to give a municipal corporation, herein the Mayor and City Council of Baltimore, 180 days notice before bringing an action for an injury to a person or his property) apply to a cause of action based on a contract. The Superior Court...

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