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UNSAT. C. & J. FUND BD. v. FORTNEY

[No. 159, September Term, 1971.]

264 Md. 246 (1972)

285 A.2d 641

UNSATISFIED CLAIM AND JUDGMENT FUND BOARD ET AL. v. FORTNEY ET AL.

Court of Appeals of Maryland.

Decided January 18, 1972.

Attorney(s) appearing for the Case

Evan Crossley, with whom were Crossley, Latimer & Robinson on the brief, for Mark J. Haselbauer, part of appellants. Francis B. Burch, Attorney General, and William E. Brannan, Assistant Attorney General, on the brief, for Unsatisfied Claim and Judgment Fund Board, other appellant.

Ernest V. Wachs, with whom were Wachs & Kreykenbohm on the brief, for appellees.

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

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

Appellant Unsatisfied Claim and Judgment Fund Board (Board) complains because it was ordered to pay appellees, Frances M. Fortney et al., (Fortney) on a default judgment obtained against appellant Mark J. Haselbauer (Haselbauer) during the time that he was in the military service, without any attempt to comply with the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. § 520). Under...

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