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MAIETTA v. GREENFIELD

[No. 75, September Term, 1972.]

267 Md. 287 (1972)

297 A.2d 244

MAIETTA ET AL. D/B/A MAIETTA TRUCKING CO. ETC. v. GREENFIELD ET AL., CO-PARTNERS T/A URBAN DEVELOPMENT CO. AND ASSOCIATES ET AL.

Court of Appeals of Maryland.

Decided December 7, 1972.

Attorney(s) appearing for the Case

Robert E. Kuczynski and Lewis S. Kunkel, Jr., with whom were Kenneth M. Cushman, Howard D. Venzie, Jr., and Pepper, Hamilton & Scheetz on the brief, for appellants.

Howard W. Gilbert, Jr., with whom were Mackley, Gilbert & France on the brief for Security Construction Company, one of appellees. No brief filed on behalf of other appellees.

The cause was argued before BARNES, McWILLIAMS, SINGLEY, SMITH, DIGGES and LEVINE, JJ., and ALFRED L. SCANLAN, Associate Judge of the Court of Special Appeals, specially assigned.

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

In this case, we are asked to consider an appeal (a) prematurely taken, (b) which proves in fact to have been unnecessary, and (c) which asks that this Court advise the court below concerning matters upon which the opposing parties are now in agreement. Such a meritless resort to the appellate process must be dismissed under Rule 835 a 2. This we do, for the reasons now stated.

Appellants, Dennis Maietta and...

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