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SMITH v. PLYMOUTH LOCOMOTIVE WORKS

No. 83, September Term, 1984.

304 Md. 633 (1985)

500 A.2d 1027

JAMES M. SMITH, ASSIGNEE, v. PLYMOUTH LOCOMOTIVE WORKS, INC.

Court of Appeals of Maryland.

December 3, 1985.

Attorney(s) appearing for the Case

Christopher R. West (Lewis S. Goodman and Gebhardt & Smith, on brief), Baltimore, for appellant.

Christopher C. Tsien (Patricia E. McDonald and Cable, McDaniel, Bowie & Bond, on brief), Baltimore, for appellee.

Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, RODOWSKY and COUCH, JJ., and W. ALBERT MENCHINE, Associate Judge of the Court of Special Appeals (retired), Specially assigned.

COLE, Judge.

The issue which this court must decide is whether Maryland Code (1975, 1983 Repl.Vol.), § 15-101(b) of the Commercial Law Article, which incorporates by reference "any act of Congress relating to bankruptcy," is limited to the federal law existing in 1975 or whether it adopts the subsequent amendments to the federal bankruptcy code.

We set forth a shortened version of the facts that give rise to this issue. On October 7, 1981, an assignment...

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