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D.C. TRANSIT SYSTEMS v. S.R.C.

[No. 82, September Term, 1970.]

259 Md. 675 (1970)

270 A.2d 793

D.C. TRANSIT SYSTEMS, INC. v. STATE ROADS COMMISSION OF MARYLAND ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed December 18, 1970.

Denied January 4, 1971.

Attorney(s) appearing for the Case

R. Edwin Brown, with whom was D. Warren Donohue on the brief, for appellant.

Earl I. Rosenthal, Special Attorney, with whom were Francis B. Burch, Attorney General, Joseph D. Buscher, Special Assistant Attorney General, and Herbert W. Reichelt on the brief, for appellee State Roads Commission of Maryland; and John W. Middleton on the brief, for appellees George A. Dorr et al.

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

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

After instituting condemnation proceedings in the Circuit Court for Prince George's County against certain land then alleged to be owned by D.C. Transit Systems, Inc. (the Transit Company), appellant, the State Roads Commission (the Commission), filed an amended petition claiming that the Transit Company owned only an easement and naming as additional parties defendant the heirs of the original grantors of the instruments...

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