FRANK J. KLEIN & SONS v. LAUDEMAN

[No. 9, September Term, 1973.]

270 Md. 152 (1973)

311 A.2d 780

FRANK J. KLEIN & SONS, INC. ET AL. v. LAUDEMAN ET AL., TRUSTEES

Court of Appeals of Maryland.

Motion for rehearing filed November 29, 1973.

Denied and mandate modified December 5, 1973.


Attorney(s) appearing for the Case

George Barrett Johns, with whom was James T. Smith on the brief, and Robert K. Parker, with whom were Dulany & Davis, Edward Pierson and Ronald L. Spahn on the brief, for appellants.

Maurice F. Mackey, Jr., and Edward C. Mackie for appellees.

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


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

Reduced to its common denominator, the contention made by each of the parties to this appeal, expressed in today's vernacular, is that "we're number one" in the distribution of $178,000, proceeds after expenses, received from a foreclosure sale. This dispute comes before us from an order of the Circuit Court for Carroll County denying priority to the mechanics' lien claims of...

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