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MITCHELL v. GOODYEAR SERVICE STORE

No. 112, September Term, 1985.

306 Md. 27 (1986)

506 A.2d 1178

JOHN D. MITCHELL, SR. v. GOODYEAR SERVICE STORE ET AL.

Court of Appeals of Maryland.

April 7, 1986.

Attorney(s) appearing for the Case

Clay M. Barnes (John E. Raine III and Barnes & Raine, P.A., on brief), Towson, for appellant.

Diana G. Motz, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., Marlene Trestman, Asst. Atty. Gen. and Andrew H. Baida, Sp. Asst. Atty. Gen., on brief), Baltimore, for appellee Workmen's Compensation Comn.

No brief filed by Goodyear Service Store, other appellee.

Argued before SMITH, Judge, and ELDRIDGE, COLE, RODOWSKY, COUCH and McAULIFFE, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals of Maryland (retired), Specially Assigned.

SMITH, Judge.

We shall hold in this case that an appeal to the circuit court of the amount of an attorney's fee in a workmen's compensation case is not to be tried de novo. We also shall hold that under the circumstances of this case the Workmen's Compensation Commission is entitled to appear as an appellee in the circuit court, the Court of Special Appeals, and this Court. Hence, we shall affirm the judgment of the Court of Special Appeals in Mitchell v. Goodyear...

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