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JBG/TWINBROOK METRO LTD. v. WHEELER

No. 80, Sept. Term, 1996.

697 A.2d 898 (1997)

346 Md. 601

JBG/TWINBROOK METRO LIMITED PARTNERSHIP v. Bobby Joe WHEELER et al.

Court of Appeals of Maryland.

Reconsideration Denied September 15, 1997.

Attorney(s) appearing for the Case

Brian Koukoutchos, Bedford, MA (Roger W. Titus, Richard H. Mays, Thomas M. Lingan, Venable, Baetjer and Howard, L.L.P., on brief), Rockville, for appellant.

William J. Stack (Exxon Co., Debra S. Rosen, Archer & Greiner, Haddonfield, NJ, Michael Skojec, Matthew W. Oakey, Gallagher, Evelius & Jones, Baltimore, on brief), E. Charles Dann, Jr. (Goodell, DeVries, Leech & Gray, L.L.P., on brief), Baltimore, Alan D. Rothenberg, Rockville, on brief, for appellees.

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

RODOWSKY, Judge.

The plaintiff in this case appeals from a judgment on a jury verdict in favor of the defendants in an action for damages based on the subsurface percolation of gasoline into plaintiff's land from a gasoline service station on adjacent land. The issues concern the construction of Maryland Code (1982, 1996 Repl.Vol.), § 4-409(a) of the Environment Article (Env.), the applicability of assumption of the...

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