D.C. TRANSIT v. STATE RDS. COMM'N

[No. 330, September Term, 1971.]

265 Md. 622 (1972)

290 A.2d 807

D.C. TRANSIT SYSTEM, INC. v. STATE ROADS COMMISSION OF MARYLAND ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed June 19, 1972.

Denied June 29, 1972.


Attorney(s) appearing for the Case

Rex L. Sturm, with whom were R. Edwin Brown and Manuel J. Davis on the brief, for appellant.

Earl I. Rosenthal, Special Attorney, with whom were Francis B. Burch, Attorney General, Nolan H. Rogers, Special Assistant Attorney General, and Herbert W. Reichelt on the brief, for State Roads Commission, part of appellees. John M. Middleton on the brief, for George A. Dorr, et al., other 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.

In D.C. Transit System, Inc. v. State Roads Comm'n, 259 Md. 675 (1970), we held that the interest of D.C. Transit System, Inc. (DCT) in seven properties in Prince George's County at no time rose higher than an easement for railroad purposes, but we thought the evidence was a little too thin to support the chancellor's finding of abandonment. We remanded the case for further...

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