KYTE v. McMILLION

[No. 75, September Term, 1969.]

256 Md. 85 (1969)

259 A.2d 532

KYTE, INFANT, ET AL. v. McMILLION

Court of Appeals of Maryland.

Decided December 9, 1969.


Attorney(s) appearing for the Case

Marvin Ellin, with whom was Leonard Passano Baker, Jr., on the brief, for appellants.

Herbert Burgunder, Jr., with whom was F. Gray Goudy on the brief, for appellee.

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


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

The trial judge, Watts, J., found this case "vexing * * * and difficult to decide." Although we do not agree with the result he reached we do agree that the circumstances are extraordinary and that the single issue presented is not nearly as simple as, at first glance, it might seem. As Judge Watts put it, "[b]y stipulation the parties agree that the only issue in the case is * * * [whether the] release of Union...

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