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EASTERN CONTRACTORS v. STATE

[No. 6, September Term, 1960.]

225 Md. 112 (1961)

169 A.2d 430

EASTERN CONTRACTORS, INC. ET AL. v. STATE, USE OF SEIFERT ET AL. (Two Appeals in One Record)

Court of Appeals of Maryland.

Dissenting opinion filed March 29, 1961.

Motion for rehearing, for modification of judgment and of opinion filed March 16, 1961.

Rehearing denied and opinion modified April 7, 1961.

Attorney(s) appearing for the Case

William J. McWilliams on both arguments for the appellants.

Hyman A. Pressman on both arguments, with whom was Noah A. Hillman on the brief, for the equitable plaintiffs, part of the appellees.

John H. Mudd on both arguments, with whom were W. Harvey Beardmore, Semmes, Bowen & Semmes and Rouse & Morton on the brief, for Buckley & Company, Inc., the other appellee.

The cause was argued on September 14, 1960, before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ., and reargued on January 17, 1961, before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT, HORNEY, MARBURY and SYBERT, JJ.

Motion for rehearing, for modification of judgment and of opinion filed by the equitable plaintiffs March 16, 1961.

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

August R. Seifert, employed as a special police officer by Buckley & Co., Inc., a dirt moving contractor working on the approaches to the Baltimore Harbor Tunnel, was killed while directing traffic on the morning of June 1, 1956, at the intersection of Belle Grove Road, a paved State highway...

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