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RUPP, TRUSTEE v. JOHNSTON CO.

[No. 318, September Term, 1960.]

226 Md. 181 (1961)

172 A.2d 875

RUPP ET AL., TRUSTEES, ETC., ET AL. v. M.S. JOHNSTON COMPANY, INC.

Court of Appeals of Maryland.

Decided July 10, 1961.

Attorney(s) appearing for the Case

Charles C.W. Atwater and Walter C. Mylander, Jr., with whom were Carlyle Barton, Jr., Herbert L. Rollins, Mylander & Atwater, and Niles, Barton, Gans & Markell on the brief, for the appellants.

Charles F. Wagaman, with whom were Robert E. Clapp, Jr., and Wagaman & Wagaman on the brief, for the appellee.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT, HORNEY and MARBURY, JJ.

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

The James T. Galloway Company was incorporated in 1957 by James T. Galloway and Alfred F. Flynn, Jr., who took equal shares of its stock. K & G Construction Company had been incorporated the previous year, under a similar stock arrangement, and had been engaged in the construction of cottages on a fifty-acre tract of land near Frederick. Galloway and Flynn were officers of both companies. In the latter part of...

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