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LEIMBACH v. CITY OF BALTIMORE

[No. 271, September Term, 1969.]

257 Md. 635 (1970)

264 A.2d 109

LEIMBACH CONSTRUCTION COMPANY v. MAYOR AND CITY COUNCIL OF BALTIMORE, ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed May 12, 1970.

Denied June 3, 1970.

Certiorari denied January 11, 1971.

Attorney(s) appearing for the Case

Charles C.W. Atwater, with whom were Mylander & Atwater on the brief, for appellant.

Simon Schonfield, Assistant City Solicitor, with whom were George L. Russell, Jr., City Solicitor, and Clayton A. Dietrich, Chief Assistant City Solicitor, on the brief, for appellee Mayor and City Council of Baltimore.

Marvin M. Polikoff for appellee Bettie O. Summers.

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

Certiorari denied, Supreme Court of the United States, January 11, 1971.

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

The boundaries of the triangular enclave within which lies the land of the appellant (Litty)1 are Wilkens Avenue on the south, Caton Avenue on the east and the Pennsylvania Railroad on the northwest. On the opposite side of Wilkens Avenue are the spacious grounds of St. Agnes Hospital. On the other side of...

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