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WESTINGHOUSE ELECTRIC v. MINNIX

[No. 9, September Term, 1970.]

259 Md. 305 (1970)

269 A.2d 580

WESTINGHOUSE ELECTRIC CORPORATION ET AL. v. MINNIX ET AL.

Court of Appeals of Maryland.

Decided October 19, 1970.

Attorney(s) appearing for the Case

Joe M. Kyle, with whom were Heise, Kyle & Jorgensen on the brief, for appellants.

Joseph J. D'Erasmo, with whom were Vivian V. Simpson, Joseph B. Simpson, Jr., H. Algire McFaul and Simpson & Simpson on the brief, for appellees.

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

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

We must determine on this appeal the sufficiency of notice given a contractor by the supplier of materials to a subcontractor of its claim for an unpaid balance. Involved is the question of sufficiency of notice as required by Code (1969 Repl. Vol.) Art. 90, § 11 (c), as well as the legal import of provisions of a payment bond which places a more onerous burden on the supplier regarding notice than does the Statute...

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