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NATIONAL GLASS, INC. v. J.C. PENNEY

No. 42, September Term, 1992.

329 Md. 300 (1993)

619 A.2d 528

NATIONAL GLASS, INC. v. J.C. PENNEY PROPERTIES, INC.

Court of Appeals of Maryland.

February 9, 1993.

Attorney(s) appearing for the Case

James E. Williams (Jester and Williams, on brief), Washington, DC, for appellant.

Scott S. Braugh (J.C. Penney Co., Inc., on brief), Dallas, TX and Carlton T. Obecny, Bethesda, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.

KARWACKI, Judge.

We issued a writ of certiorari in this case to determine a conflicts of law question, namely whether Maryland's statutory prohibition against the waiver of mechanics' lien rights by a subcontractor in an executory contract, as provided by Maryland Code (1974, 1988 Repl.Vol.), § 9-113 of the Real Property Article, is such a fundamental public policy so as to render unenforceable such a waiver in a contract in which the parties have provided that...

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