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TELLEZ v. CANTON RAILROAD CO.

[No. 83, October Term, 1956.]

212 Md. 423 (1957)

129 A.2d 809

TELLEZ, INDIVIDUALLY AND TRADING AS ALFREDO TELLEZ AND COMPANY, TO USE OF INSURANCE COMPANY OF NORTH AMERICA v. CANTON RAILROAD COMPANY ET AL.

Court of Appeals of Maryland.

Decided March 6, 1957.

Attorney(s) appearing for the Case

Benjamin Lipsitz, for appellant.

David C. Green, with whom were John Henry Lewin and Venable, Baetjer & Howard on the brief, for appellee, Canton Railroad Company.

Harrison L. Winter, for appellee, The Rukert Terminals Corporation.

Clayton W. Daneker with whom were Constable, Alexander & Daneker on the brief, for appellee, Robert C. Herd & Company, Incorporated.

The cause was argued before COLLINS, HENDERSON and PRESCOTT, JJ., and NILES, J., Chief Judge of the Supreme Bench of Baltimore City, specially assigned.

NILES, J., by special assignment, delivered the opinion of the Court.

The question here presented is whether under the pleadings and affidavits the defendants are entitled to summary judgment on the ground that "there is no genuine dispute as to any material fact." (Summary Judgment Rule 1(a); Maryland Rule 610 a.)

The plaintiff, an importer, claims that 400 bales of broom corn marked "A.T. & Co." and having a value of about

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