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HARMON v. STATE ROADS COMM.

[No. 49, September Term, 1965.]

242 Md. 24 (1966)

217 A.2d 513

HARMON, ET VIR v. STATE ROADS COMMISSION OF MARYLAND, ET AL.

Court of Appeals of Maryland.

Decided March 16, 1966.

Attorney(s) appearing for the Case

Raphael G. Urciolo, with whom were John A. Castagna and C. Osborne Duvall on the brief, for appellants.

R. Bowie Clagett, with whom were Mitchell, Clagett & Euwer, James R. Bucher and Sasscer, Clagett, Powers & Channing, and Robert J. Woods on the brief, for appellees.

The cause was argued before PRESCOTT, C.J., and HAMMOND, MARBURY, BARNES and McWILLIAMS, JJ.

HAMMOND, J., delivered the majority opinion of the Court. McWILLIAMS, J., dissents. Dissenting opinion at page 34, infra.

The State Roads Commission sought to acquire by condemnation approximately two-thirds of a one acre lot in Prince George's County for use in the building of the Capital Beltway. Claim to ownership of the property was asserted in the proceedings by two sets of claimants, each claiming under a deed from a common grantor. The parties are in...

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