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FRIENDSHIP CEMETERY v. BALTIMORE

[No. 111, October Term, 1950.]

197 Md. 610 (1951)

81 A.2d 57

FRIENDSHIP CEMETERY OF ANNE ARUNDEL COUNTY ET AL. v. CITY OF BALTIMORE ET AL.

Court of Appeals of Maryland.

Rehearing denied June 15, 1951.

Motion for Rehearing or Clarification filed June 1, 1951.

Memorandum on Motion for Clarification filed June 15, 1951.

Attorney(s) appearing for the Case

Paul F. Due, with whom were Marvin I. Anderson and Due, Nickerson & Whiteford on the brief, for the appellants.

William J. McWilliams and Daniel B. Leonard, Assistant City Solicitor of Baltimore, with whom was Thomas N. Biddison, City Solicitor, on the brief, for the appellees.

The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.

DELAPLAINE, J., delivered the opinion of the Court.

Friendship Cemetery of Anne Arundel County, a Maryland corporation, and Norman W. Clark and his wife, owners of a lot in the cemetery, petitioned the Circuit Court for Anne Arundel County for a writ of Mandamus to compel the Mayor and City Council of Baltimore and the members of the Airport Board of the City Department of Aviation to condemn the cemetery for the Friendship Airport. They are appealing here...

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