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F.W. BERENS, INC. v. FIDELITY MUT. LIFE INSURANCE COMPANY

[No. 183, September Term, 1969.]

257 Md. 168 (1970)

262 A.2d 556

FREDERICK W. BERENS, INC. v. FIDELITY MUTUAL LIFE INSURANCE COMPANY FIDELITY MUTUAL LIFE INSURANCE COMPANY v. LAUREL PLAZA, INC.

Court of Appeals of Maryland.

Petition for rehearing filed March 25, 1970.

Denied April 2, 1970.

Attorney(s) appearing for the Case

John D. Gilmore, Jr., with whom was William V. Meyers on the brief, for appellant Frederick W. Berens, Inc.

Jerrold V. Powers, with whom were Sasscer, Clagett, Powers & Channing on the brief, for Fidelity Mutual Life Insurance Company.

Ronald Willoner, with whom were DePaul & Willoner, Joseph A. DePaul and Robert B. Ostrom on the brief, for appellee Laurel Plaza, Inc.

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

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

When judgment by confession was entered against appellee Laurel Plaza, Incorporated (Laurel Plaza), by appellee and appellant Fidelity Mutual Life Insurance Company (Fidelity), on a note, it proceeded on the theory that the best defense was an offense. Therefore, in addition to moving to vacate the judgment, it filed a counterclaim in which it claimed damages of $1,500,000.00...

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