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ANNE ARUNDEL COUNTY v. F & D

No. 11, September Term, 1994.

336 Md. 282 (1994)

ANNE ARUNDEL COUNTY, MARYLAND v. FIDELITY & DEPOSIT COMPANY OF MARYLAND.

Court of Appeals of Maryland.

October 6, 1994.

Attorney(s) appearing for the Case

Stephen M. LeGendre, Deputy County Atty., and Judson P. Garrett, Jr., County Atty., Annapolis, for appellant.

Robert M. Wright (Adam C. Harrison, Whiteford, Taylor, and Preston, all on brief), Baltimore, for appellee.

J. Joseph Curran, Jr., Atty. Gen., Julia P. Davis, Asst. Atty. Gen., on brief, Baltimore, amicus curiae.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.

RODOWSKY, Judge.

In this appeal we hold that the one year statute of limitations under the Little Miller Act applies only to claims on payment bonds and does not apply to claims on performance bonds.

The appellant, Anne Arundel County, Maryland (the County), owns and operates the Cattail Creek Sewage Pumping Station. On or about February 26, 1986, a sixteen inch, cast iron pipe, force main on the discharge side of the pumping station ruptured, causing erosion...

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