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McCARTY v. CITY OF BALTIMORE

[No. 319, September Term, 1971.]

265 Md. 423 (1972)

290 A.2d 521

McCARTY v. MAYOR AND CITY COUNCIL OF BALTIMORE ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed June 6, 1972.

Denied June 7, 1972.

Attorney(s) appearing for the Case

Bernard J. Sachs, with whom were Francis J. Meagher and Goodman, Meagher & Enoch on the brief, for appellant.

Richard M. Hartman, Special Assistant City Solicitor, and Joseph S. Matricciani, Assistant City Solicitor, with whom was George L. Russell, Jr., City Solicitor, on the brief, for appellees.

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

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

The appellant (McCarty) was employed by the Mayor and City Council of Baltimore (City) in 1948 as an inspector in the Bureau of Building Inspection. In 1959 he was promoted, he says, to the unofficial job of Building Code Enforcement Officer. In 1962 the City Council enacted Art. 11, Sec. 139 of the Baltimore City Code empowering and directing the Building Inspection Engineer...

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