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JERRY'S RIDES, INC. v. BALTIMORE CITY

[No. 337, September Term, 1960.]

226 Md. 161 (1961)

172 A.2d 487

JERRY'S RIDES, INC. v. MAYOR AND CITY COUNCIL OF BALTIMORE ET AL.

Court of Appeals of Maryland.

Decided July 7, 1961.

Attorney(s) appearing for the Case

Benjamin Lipsitz, with whom was Gerald H. Cooper on the brief, for the appellant.

John J. Sweeney, Jr., for Allied Amusements, Inc., one of the appellees.

Robert M. Winegrad, Assistant City Solicitor of Baltimore, with whom were Harrison L. Winter, City Solicitor, and Ambrose T. Hartman, Deputy City Solicitor, on the brief, for the other appellees.

The cause was argued before BRUNE, C.J., and HAMMOND, PRESCOTT, HORNEY and SYBERT, JJ.

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

The appellant, Jerry's Rides, Inc. (Jerry), which had unsuccessfully sought a concession to operate trackless trains through the Baltimore Zoo area in Druid Hill Park, brought a mandamus action against the Board of Recreation and Parks and the Board of Estimates of Baltimore to require (a) that a contract for the operation of the trains awarded a competitor, Allied Amusements, Inc. (Allied), be awarded to Jerry, or...

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