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PENN PLASTERING CORP. v. O'BOYLE

[No. 280, September Term, 1968.]

254 Md. 16 (1969)

253 A.2d 862

PENN PLASTERING CORPORATION v. O'BOYLE, ROMAN CATHOLIC ARCHBISHOP OF WASHINGTON, ET AL.

Court of Appeals of Maryland.

Decided June 2, 1969.

Attorney(s) appearing for the Case

Gerald E. Topper for the appellant.

Thomas B. Yewell for appellee Most Reverend Patrick A. O'Boyle, Roman Catholic Archbishop of Washington, Edward Gallagher, with whom was Richard H. Love on the brief, for appellee Glens Falls Insurance Company.

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

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

Penn Plastering Corporation, a plastering subcontractor, sued Three Crowns Enterprises, Inc., the prime contractor for the building of the Villa Rosa rest home in Mitchellville, and because it would be judgment-proof, also sued the surety, Glens Falls Insurance Company, in the same suit on its bond covering performance and payment of labor and material claims and the owner, obligee under the bond, the Most Reverend...

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