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KIPNESS v. McMANUS

No. 415, September Term, 1971.

14 Md. App. 362 (1972)

286 A.2d 829

DAVID KIPNESS, ETC. v. ROBERT E. McMANUS, ADMINISTRATOR OF THE ESTATE OF JOHN KLETTER.

Court of Special Appeals of Maryland.

Decided February 7, 1972.

Attorney(s) appearing for the Case

Edward P. Murphy, with whom were Matthew Swerdloff and Swerdloff, Rabineau & Murphy on the brief, for appellant.

Louis G. Close, Jr., with whom were Whiteford, Taylor, Preston, Trimble & Johnston on the brief, for appellee.

The cause was argued before MURPHY, C.J., and ORTH and MOYLAN, JJ.

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

This case was determined below in the Superior Court of Baltimore City by the application of a sanction set out in Maryland Rule 422 in accordance with the authority given in Rule 414 a 2 for the wilful failure of DAVID KIPNESS, plaintiff-appellant, to submit to the right of ROBERT C. McMANUS, Administrator of the Estate of John Kletter, defendant-appellee, to take his deposition as provided by Rule 401 a and governed...

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