EASTERN AIR LINES v. PHOENIX

[No. 153, September Term, 1964.]

239 Md. 195 (1965)

210 A.2d 515

EASTERN AIR LINES, INC. v. PHOENIX SAVINGS AND LOAN ASSOCIATION, INC.

Court of Appeals of Maryland.

Decided June 4, 1965.


Attorney(s) appearing for the Case

Joseph Pickus (on both arguments), with whom were Hyman P. Tatelbaum, Schimmel, Hettleman & Tatelbaum and Sullivan & Pittler on the brief, for the appellant.

Clarence W. Sharp (on both arguments), with whom was Herbert H. Rosenbaum on the brief, for the appellee.

The cause originally was argued before PRESCOTT, C.J., and HAMMOND, HORNEY and SYBERT, JJ., and CARTER, J., Chief Judge of the Second Judicial Circuit, specially assigned, and reargued before PRESCOTT, C.J., and HAMMOND, HORNEY, MARBURY, SYBERT and BARNES, JJ., and CARTER, J., specially assigned.


HAMMOND, J., delivered the majority opinion of the Court. PRESCOTT, C.J., and SYBERT and CARTER, JJ., dissent. Dissenting Opinion by CARTER, J., at page 208, infra.

The question presently to be decided is whether Judge Oppenheimer who was supervising the reorganization of Phoenix Savings and Loan Association, Inc., the appellee, in the Circuit Court of Baltimore City properly rejected the claim against Phoenix which Eastern Air Lines, Inc., the appellant, had...

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