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TADJER v. MONTGOMERY COUNTY

No. 43, September Term, 1983.

300 Md. 539 (1984)

479 A.2d 1321

DICK T. TADJER ET AL. v. MONTGOMERY COUNTY, MARYLAND ET AL.

Court of Appeals of Maryland.

August 22, 1984.

Attorney(s) appearing for the Case

William J. Carter, Washington, D.C. (Joel M. Savits and Carr, Jordan, Coyne & Savits, Rockville, for appellants, AFA Corporation and Guy M. Ammatucci; Read K. McCaffrey and Whiteford, Taylor, Preston, Trimble & Johnston, Baltimore, for appellants, Dick J. Tadjer, Sol Saul Cooper, TCSB, Inc. and Tadjer-Cohen Associates Inspection Company, Ltd., on brief).

A. Katherine Hart, Asst. County Atty., Rockville (Paul A. McGuckian, County Atty., Robert G. Tobin, Jr., Deputy County Atty., and Clyde H. Sorrell, Asst. County Atty., Rockville, on the brief), for appellees.

Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.

SMITH, Judge.

We shall here hold that a trial judge was only partially correct when he sustained on the grounds of governmental immunity a demurrer of Montgomery County to third-party claims arising out of injuries sustained on a landfill formerly operated by the County.

I

As indicated, this case reaches us on demurrer.1 In considering the sufficiency of a declaration on demurrer we are required to assume the truth of...

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