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CONSOLIDATED RAIL CORP. v. STATE

No. 1041, September Term, 1990.

87 Md. App. 287 (1991)

589 A.2d 569

CONSOLIDATED RAIL CORPORATION v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

May 9, 1991.

Attorney(s) appearing for the Case

Frederick L. Kobb (James W. Constable and Wright, Constable & Skeen, on brief), Baltimore, for appellant.

Ralph S. Tyler, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Jean Baron, Asst. Atty. Gen. and Areta L. Kupchyk, Staff Atty., on brief), Baltimore, for appellee.

Argued before GARRITY, ALPERT and ROBERT M. BELL, JJ.

ROBERT M. BELL, Judge.

Consolidated Rail Corporation, appellant, appeals from the judgment of the Circuit Court for Prince George's County granting summary judgment in favor of the State of Maryland, appellee, (hereinafter "the State"), for the costs incurred by the State in connection with appellant's performance of work at a railroad grade crossing. It presents two questions for our resolution:

1. Do the provisions of § 8-640 and § 8-642 of the...

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