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PARKLAWN v. NEE

[No. 369, September Term, 1965.]

243 Md. 249 (1966)

220 A.2d 563

PARKLAWN, INC. v. NEE, ET UX.

Court of Appeals of Maryland.

Decided June 24, 1966.

Attorney(s) appearing for the Case

Karl G. Feissner for appellant.

Calvin H. Cobb, Jr., with whom was J. Dapray Muir on the brief, for appellees.

The cause was argued before PRESCOTT, C.J., and HORNEY, MARBURY, OPPENHEIMER and BARNES, JJ.

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

Suit was instituted in the Circuit Court for Montgomery County by Parklawn, Inc., plaintiff-appellant, against some forty-two defendants, who were alleged to be owners, lessors, and improvers of land near the plaintiff's cemetery. The declaration charged that:

"These defendants have since 1962 graded, built upon and otherwise developed their property for their economic benefit from its natural state into an...

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