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BALTIMORE COUNTY v. HUNTER

[No. 93, October Term, 1954.]

207 Md. 171 (1955)

113 A.2d 910

COUNTY COMMISSIONERS OF BALTIMORE COUNTY v. HUNTER ET UX

Court of Appeals of Maryland.

Decided May 12, 1955.

Attorney(s) appearing for the Case

George M. Berry, Deputy County Solicitor for Baltimore County, and Walter H. Haile, Assistant County Solicitor, with whom were Carroll W. Royston, County Solicitor, and James D. Nolan, Assistant County Solicitor, on the brief, for the appellant.

W Lee Harrison and Richard C. Murray, with whom was Michael Paul Smith on the brief, for the appellees.

The cause was argued before BRUNE, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.

BRUNE C.J., delivered the opinion of the Court.

The appellant, the County Commissioners of Baltimore County (the "County") and the Fivak Corporation, filed a bill of complaint in the Circuit Court for Baltimore County, as upper landowners, to enjoin the appellees, Herbert T. Hunter and Johanna T. Hunter, his wife, as lower landowners, from obstructing an open drainage ditch. The appellees filed an answer denying the obstruction, and they also filed a cross-bill praying...

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