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SMITH v. GRAY CONCRETE PIPE CO.

[Misc. No. 1, September Term, 1972.]

267 Md. 149 (1972)

297 A.2d 721

SMITH, ADM'R ET AL. v. GRAY CONCRETE PIPE COMPANY, INC. ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed January 3, 1973.

Denied January 8, 1973.

Attorney(s) appearing for the Case

George W. Shadoan, with whom were Shadoan & Mack on the brief, for plaintiffs.

Kevin J. McCarthy, with whom were Sasscer, Clagett, Channing & Bucher on the brief, for defendants.

The cause was argued before MURPHY, C.J., and BARNES, SINGLEY, SMITH and LEVINE, JJ.

LEVINE, J., delivered the opinion of the Court. SMITH, J., dissents and filed a dissenting opinion at page 172 infra.

We are presented here with the first case to reach this Court pursuant to the "Uniform Certification of Questions of Law Act," enacted by the General Assembly as Ch. 427, Laws of Maryland, 1972, since codified as Code (1957, 1960 Repl. Vol., 1972 Supp.) Art. 26, § 161-172. Section 161 provides:...

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